Elvis Act Explained: What It Means for AI Compliance & Digital Likeness Protection

Updated March 11th, 2025

Share this article

What is the ELVIS Act and why does it matter? #

The bipartisan Ensuring Likeness Voice and Image Security (ELVIS) Act is a groundbreaking piece of legislation enacted in Tennessee and is the first of its kind to address the growing concerns surrounding AI-generated likenesses, including deepfakes and voice clones. This act protects individuals’ rights to their name, image, and voice by establishing legal frameworks for digital representations in an AI-driven world. For businesses, this law sets essential compliance guidelines to safeguard against unauthorized use of AI-generated personas, making it a critical consideration for those in media, entertainment, and content creation industries.

See How Atlan Simplifies Data Governance – Start Product Tour

Key aspects of the ELVIS Act include:

  • Protects individuals’ digital likenesses from unauthorized AI use
  • Governs deepfakes and voice clones, addressing new challenges in AI misuse
  • Establishes a legal precedent for AI-based digital rights in Tennessee
  • Mandates businesses to obtain explicit consent for AI-generated likenesses
  • Sets penalties for violations, including civil and criminal action

With AI’s influence growing across various sectors, understanding and complying with the ELVIS Act is essential for businesses that leverage AI-generated content.

This article will explore the contents of the ELVIS Act, its importance and relevance to businesses in Tennessee, and ways to ensure compliance.

Table of Contents #

  1. What is the ELVIS Act and why does it matter?
  2. Understanding the ELVIS Act
  3. Why was the ELVIS Act introduced?
  4. What precedent does the ELVIS AI Act set?
  5. How does the ELVIS Act affect businesses in Tennessee?
  6. What makes you, as an organization, ELVIS compliant?
  7. Bottom line
  8. FAQs about the ELVIS Act
  9. ELVIS Act: Related reads

Understanding the ELVIS Act #

The ELVIS Act (Estates and Likenesses Virtual Image and Simulation Act) is a legislative measure enacted in Tennessee, USA, on March 21, 2024 by Governor Bill Lee.

The ELVIS Act is a first-in-the-nation bill that governs the unauthorized creation, use, and distribution of digital likenesses, including computer-generated simulations and AI-replicated personas of individuals, both living and deceased.

The ELVIS Act went into effect on July 1, 2024. Under the Act, the exploitation of digital likenesses without explicit permission can be legally challenged by the affected individual or their estate.

“The rapid advancement of AI is exciting in many ways, but it also presents new challenges – especially for singers, songwriters, and other music professionals… [The Act] modernizes our laws to ensure AI does not threaten the unique voices and creative content of Tennessee musicians.” - Senate Majority Leader Jack Johnson, R-Franklin

Is the ELVIS Act a first of its kind? #


The act is a “first-of-its-kind” legislation as it directly addresses deepfakes and voice clones, an area not widely covered by traditional intellectual property and privacy laws. While certain legal protections exist for traditional uses of likenesses (images and videos), the ELVIS Act is one of the first laws to expand those rights explicitly to AI-generated digital likenesses.

Who needs to comply with the Elvis Act? #


The Elvis Act affects businesses, especially in media, entertainment, and AI technology, that engage in creating digital or AI-generated likenesses. Compliance involves strict consent protocols and clear legal permissions before using someone’s image, voice, or persona in AI-generated content.

What happens if you violate the ELVIS Act? #


Under the Act, you can take civil action against anyone violating the law. According to Armstrong Teasdale, a law firm, mimicking a person’s voice without their permission is prohibited and violations can be criminally enforced as Class A misdemeanors.

Why was the ELVIS Act introduced? #


In Tennessee, the music industry generates billions of dollars for the state, supporting more than 61,000 jobs and upward of 4,500 venues.

Using AI to create realistic audio-visual simulations has led to increased concerns about privacy, consent, and the ethical implications of using AI-generated likenesses. Additionally, the toll it would take on Tennessee’s music industry has led to several prominent musicians, recording industry groups and artists alliances expressing their concerns.

“Last year, voice-cloning tech created an uproar in the industry after an anonymous TikTok user made a popular song using the cloned vocals of Drake and the Weeknd.“ - Rolling Stone

As a response, the ELVIS Act was introduced. Named after Elvis Presley, who remains one of Tennessee’s most iconic cultural figures, the Act acknowledges the risks to personal identity in the digital age.

“Fittingly named after one of the world’s most iconic voices, the ELVIS Act marks a history-defining moment – protecting us all from irresponsible and unethical AI… [The creative community] deserve safeguards that allow AI technology to be used responsibly without violating anyone’s rights or appropriating their art.” - Dr. Moiya McTier, Human Artistry Campaign Senior Advisor

What precedent does the ELVIS AI Act set? #

The ELVIS Act sets a new standard for digital rights in the era of AI (especially deepfakes and voice clones). By establishing a legal framework that accounts for AI-generated representations, the ELVIS Act acknowledges the potential risks associated with AI’s power to recreate and manipulate artist likenesses.

This legislation sets a precedent for recognizing AI simulations as potential infringements on personal and intellectual property rights, extending protections that were traditionally limited to photographs, videos, and voice recordings.

The ELVIS Act also opens the door to further discussions around digital identity, privacy, and AI ethics, particularly as AI capabilities become more widespread and accessible.

How does the ELVIS Act affect businesses in Tennessee? #

The ELVIS Act has significant implications for businesses operating in Tennessee, especially those in media, entertainment, and content creation. It introduces a new layer of compliance and as of July 1, 2024, mandates businesses to:

  • Obtain explicit consent or licensing agreements when using an individual’s AI-generated likeness
  • Develop processes to verify that digital recreations are legally approved and comply with the ELVIS Act
  • Remain vigilant in their use of AI technologies to avoid costly litigation and potential reputational damage

What makes you, as an organization, ELVIS compliant? #

Achieving compliance with the ELVIS Act requires businesses to proactively align their practices with the law’s standards for the use of digital likenesses. This can include (but isn’t limited to):

  • Establish clear governance and accountability to oversee ELVIS compliance, address potential risks, and manage consent
  • Develop consent protocols (formal procedures) for obtaining explicit consent when using an individual’s likeness in digital or AI-generated formats
  • Embed compliance checks into every stage of content creation, particularly when AI-generated likenesses are involved
  • Conduct regular compliance audits of all content, contracts, and usage agreements related to digital likenesses

Bottom line #

The ELVIS Act is a pioneering piece of legislation, setting a crucial precedent for AI and digital rights in the United States. By establishing a legal framework to protect an individual’s name, photograph, or likeness, the Act has set a precedent and will most likely spur more legislation around the use of AI.

For businesses, this law signals the importance of compliance and ethical considerations when leveraging AI technologies, particularly in media and entertainment. As AI continues to evolve, more such laws might get enacted across jurisdictions.

FAQs about the ELVIS Act #

What is the Elvis Act? #


The Elvis Act is a Tennessee law introduced in 2024 to protect individuals from unauthorized AI-generated likenesses, including deepfakes and voice clones. It safeguards both living and deceased individuals from digital exploitation.

Why was the Elvis Act introduced? #


It was introduced in response to growing concerns about AI misuse in the music and entertainment industry. The law addresses the ethical and legal challenges of recreating someone’s likeness without consent using AI technologies.

What businesses need to comply with the Elvis Act? #


Any business that uses AI to generate digital likenesses, including entertainment, media, or technology companies, must comply by obtaining explicit consent before using an individual’s voice or image.

What happens if you violate the Elvis Act? #


Violations of the Elvis Act can result in legal consequences, including civil lawsuits and potential criminal charges, especially for using an individual’s likeness without consent.

How can my business ensure compliance with the Elvis Act? #


To ensure compliance, establish clear consent protocols for digital likenesses, perform regular audits of AI-generated content, and ensure all AI recreations have legal approvals before use.

Share this article

[Website env: production]