The Ensuring Likeness Voice and Image Security Act (ELVIS Act), set to take effect on July 1, replaces Tennessee’s narrow Personal Rights Protection Act of 1984, carving a property right associated with the use of a person’s identity traits, such as their name, photo, voice, or likeness. More details about the ELVIS act. This act confirms the concerns held by many legal practitioners concerning the creation of the broadest possible laws by states in the absence of federal intervention.
It is generally agreed that the federal government, due to its allegiance to the entire country and not to regional industries, is ideally suited to regulate personal rights and tackle deepfakes. Its Constitutional mandate provides the opportunity to shield individuals, society, and Government from urgent, intersectional, and existential threats. As the famous quote from Elvis goes, “A little less conversation, a little more action” is required.
Professional associations such as the American Bar Association and International Trademark Association have long championed for a federal right of publicity. This was necessary due to the patchy and unpredictable reach of various state-based rights, which results in uncertainty, business inefficiencies, difficulties in effectively advising clients, and challenges to fundamental freedoms. More opinion pieces on this issue.
In contrast, Tennessee’s ELVIS Act extends the right of publicity to anyone, regardless of their location or where the violation occurs. This raises concerns about extraterritoriality with other states and federal jurisdiction and sovereignty. Additionally, Tennessee’s approach to deepfakes and digital replicas is raising fresh questions about creativity, originality, and authorship within the technological world.
In the face of these developments and ongoing debates, recent research shows that 55% of Americans are so concerned about misinformation online that they believe the U.S. government should intervene, even if it restricts freedom of information. There appears to be a growing consensus that regulations for deepfakes should be set at the federal level.
If you want to learn more about the fundamentals and intricacies of the discussed subject matter, the primary authors of this article, Anuj Gupta and Rebecca Neipris from First Gen Law, provide a detailed discourse that you can access by clicking here.