UPDATE — JULY 2025: The open letter from over 200 high-profile musicians accurately outlines concerns about the unauthorized use of AI to replicate artists’ voices, likenesses, and sounds. The letter urges tech platforms and AI developers to stop “predatory” practices while recognizing the potential for responsible AI use. Tennessee’s Ensuring Likeness, Voice, and Image Security Act of 2024 (Elvis Act) remains in effect,. The law grants individuals property rights over their voice, likeness, and image. It imposes civil liability on developers of synthetic media tools, extends posthumous rights indefinitely until two years of non-use, and broadens platform liability to include situations where owners “reasonably should have known” of violations. These developments continue to shape AI policy in creative industries across the U.S.

ORIGINAL NEWS STORY:

Elvis Act and Beyond: Music Industry Takes Stand Against Unauthorized AI Replication

More than 200 artists across genres have signed an open letter calling for urgent protections against AI-generated impersonations. Issued by the Artist Rights Alliance, the letter urges tech companies to stop developing AI tools that copy or replace human artists. It warns that these practices are predatory and risk damaging the music ecosystem. The letter doesn’t call for a complete ban on AI. Instead, it supports responsible use—but only with proper protections in place.

Growing Concerns About Generative AI

Musicians and creators have raised red flags about how AI models are trained and deployed. The main concerns include:

• Using artist content without consent

• Diluting royalty pools

• Replacing human creativity

These concerns come as AI-generated vocals and likenesses become more common in commercial use. In response, artists have filed lawsuits, unions have demanded action, and lawmakers have introduced new protections—most notably in Tennessee.

The ELVIS Act

The “Ensuring Likeness, Voice, and Image Security Act of 2024,” also known as the Elvis Act, has replaced the previous “Personal Rights Protection Act of 1984”, significantly enhancing protections over the commercial use of an individual’s personal attributes. Under the new law, individuals now possess a property right in the use of their voice, in addition to their name, photograph, and likeness. Any unauthorized commercial exploitation of a person’s voice, such as in advertising, fundraising, or soliciting purchases, without their consent or that of their legal representatives, is prohibited and subjects violators to civil liability.

The exclusive rights held by an individual’s executors, heirs, or assignees to commercially exploit these personal attributes no longer expire after a fixed 10-year window following the individual’s death. Instead, these rights persist indefinitely until there is a 2-year period of non-use. Crucially, the law has established liability for not just directly using an individual’s voice or likeness without authorization, but also for publishing, distributing, or making available algorithms, software, or other technologies specifically designed to produce a particular person’s voice, photograph, or likeness unlawfully. This addresses emerging capabilities in synthetic media generation.

While strengthening protections, the act outlines exemptions for fair use cases under First Amendment rights, such as news reporting, public affairs broadcasts, sports accounts, commentary, criticism, scholarship, satire, and parody. Fleeting, incidental, or self-representational uses in audiovisual works are also permitted unless creating a false impression of participation.

Liability Standard

Lawmakers shifted the liability standard, making owners or employees of media platforms responsible if they reasonably should have known about unauthorized use of an individual’s personal attributes, rather than requiring actual knowledge.

Additionally, the law allows advertisements for certain protected works under fair use exemptions. Courts now have the power to grant injunctions on reasonable terms to prevent or restrain the unauthorized use of an individual’s voice, alongside existing provisions for name, photograph, and likeness.

Need Help?

If you’re wondering how Tennessee’s ELVIS Act, or any other AI bill could impact you, reach out to BABL AI. Their Audit Experts are ready to provide valuable assistance while answering your questions and concerns.