In a recent interview, Todd Dupler, Chief Advocacy and Public Policy Officer of the Recording Academy, delves into the significance of the Ensuring Likeness Voice and Image Security (ELVIS) Act.
This groundbreaking legislation, aimed at safeguarding individuals’ voice, image, and likeness from unethical AI use, recently gained bipartisan support in the Tennessee Senate Commerce and Labor Committee and the House Commerce Committee.
Given Tennessee’s status as “Music City USA,” the ELVIS Act found swift approval after its introduction by Governor Bill Lee in January.
The state’s vibrant music industry attracted broad support, with testimonies from notable figures like Natalie Grant, Matt Maher, and David Hodges during committee hearings.
AI’s Impact on the Music Industry
AI’s integration into the music industry has sparked debates, with some artists embracing it while others express concerns about intellectual property violations and the rise of deepfakes.
Todd Dupler emphasizes the urgency of addressing AI-generated fakes, emphasizing the need to protect artists’ voice, image, and likeness without consent.
Many U.S. states have “right of publicity” laws safeguarding artists, but these were crafted before the AI era, leaving digital spaces and replicas unprotected. Dupler explains the ELVIS Act’s goal to update these laws for the digital age.
Tennessee’s robust right of publicity law, historically used by Elvis Presley’s estate, serves as a promising starting point.
The Recording Academy collaborated with stakeholders and the governor’s office to shape the legislation, optimistic about its passage. Dupler highlights the meticulous work done and underscores that, despite positive committee reviews, nothing is taken for granted. The next steps involve a full vote in the Tennessee House and Senate.
Bipartisanship in Addressing AI Challenges
While controversies surround AI’s impact on the music industry, Dupler notes that it has become a unifying issue. Bipartisan support, as seen with past legislation like the Music Modernization Act and Save our Stages Act, reflects the industry’s ability to unite for common causes.
The threat of deepfakes extends beyond artists to public figures and citizens. Dupler references instances like the deepfake of President Joe Biden’s voice used in scam robocalls. The ELVIS Act aims not only to protect creatives but every individual under its jurisdiction.
Dupler underscores the personal violation felt when technology appropriates one’s image and voice. He shares the testimony of artist Lainey Wilson, whose likeness was misused to sell products without her endorsement.
The ELVIS Act emerges as a crucial protective measure to prevent such distortions and misleading representations.
AI’s Potential and the Need for Swift Regulations
While acknowledging AI’s promise to democratize music creation, Dupler stresses the necessity of swift regulatory actions. Guardrails must be established promptly to harness AI’s potential without compromising ethical standards.
CEO Harvey Mason Jr. echoes this sentiment, emphasizing the need for regulations to ensure AI serves as a “creative amplifier.”
The ELVIS Act stands as a pioneering initiative in the evolving landscape of AI regulation. As Tennessee moves toward enacting this legislation, it sets a precedent for other states to address the ethical challenges posed by AI. The Recording Academy’s proactive approach reflects a commitment to protecting artists and citizens alike in the digital age.