Elvis Act: What Is It & How To Ensure Compliance In 2025

Updated November 6th, 2024

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The bipartisan Ensuring Likeness Voice and Image Security (ELVIS) Act aims to protect an individual’s name, photograph, or likeness from AI misuse, especially deepfakes and voice clones.
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The ELVIS Act law in Tennessee is the first of its kind as it directly addresses AI-generated likenesses, setting a precedent for digital rights management in the AI era.

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?
  2. Why was the ELVIS Act introduced?
  3. What precedent does the ELVIS AI Act set?
  4. How does the ELVIS Act affect businesses in Tennessee?
  5. What makes you, as an organization, ELVIS compliant?
  6. Bottom line
  7. ELVIS Act: Related reads

What is 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.

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.

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