AI Governance Briefing — March 21, 2024

Executive briefing: Tennessee enacted the Ensuring Likeness, Voice, and Image Security (ELVIS) Act (SB2096/HB2095) on March 21, 2024. The law updates Tennessee’s right of publicity statute to prohibit unauthorized AI-generated replicas of a person’s voice or likeness and introduces statutory damages of up to $150,000 per violation starting July 1, 2024. Labels, streaming platforms, and generative audio vendors must now harden consent management and provenance controls across recording and distribution workflows.

Control checkpoints

• Document consent workflows. The ELVIS Act requires written consent before using an individual’s voice or likeness in an AI-generated performance. Update talent agreements, session paperwork, and digital release forms to capture explicit authorization.
• Tag training data provenance. Section 47-25-1105 mandates that anyone training AI on a Tennessean’s voice or likeness maintain records showing consent. Extend metadata schemas to store consent IDs alongside audio stems and model checkpoints.
• Bolster distribution reviews. Platforms that knowingly host infringing replicas can be liable. Enhance content moderation pipelines with voice fingerprinting, watermark verification, and takedown SLAs aligned to the statute’s knowledge standard.
• Coordinate multistate rights. Align Tennessee controls with existing California and New York publicity laws so artists and rights holders experience a consistent clearance process.

Action plan

• Launch a joint legal–engineering tiger team to update sample clearance tools, contract templates, and CMS workflows before the July 1 effective date.
• Embed authenticity attestations and watermark detection in delivery pipelines to major streaming platforms to demonstrate due diligence if challenged.
• Educate artists and managers about the new private right of action and statutory damages so they can escalate suspected misuse quickly.

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