The ELVIS Act, Two Years In: Protecting Your Voice in the Age of AI

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In March 2024, Tennessee became the first state in the nation to expressly protect a person’s voice against unauthorized imitation, including AI-generated soundalikes. The Ensuring Likeness, Voice, and Image Security Act, better known as the ELVIS Act, took effect July 1, 2024. More than two years later, AI voice tools are cheaper and more convincing than ever, and the law matters more on Music Row than it did the day it was signed.

What the ELVIS Act changed

The Act amended Tennessee’s Personal Rights Protection Act, which has long protected a person’s name, photograph and likeness from unauthorized commercial use. The key changes:

• Voice is now protected. “Voice” means a sound that is readily identifiable and attributable to a particular individual, whether it is the person’s actual voice or a simulation of it. That language reaches AI clones and, potentially, deliberate soundalikes.
• Liability for publishing and distributing. A person can be liable for making someone’s voice or likeness available to the public knowing it was not authorized.
• Liability for the tools themselves. The Act also reaches anyone who distributes an algorithm, software or other technology whose “primary purpose or function” is producing a specific person’s voice or likeness without authorization.
• Labels can enforce. Where an artist has an exclusive recording agreement or has exclusively licensed recordings of their voice, the record company may also bring suit.

Remedies include injunctions, impoundment or destruction of infringing materials, and actual damages plus profits.

What it means for estates

Tennessee’s publicity rights survive death. Under the Personal Rights Protection Act, the right continues for ten years after death and can continue beyond that as long as the estate keeps using it commercially. For the families of Nashville’s legends, the ELVIS Act means a late artist’s voice, not just name and image, is now an asset to inventory, license and police. If you manage an estate, your catalog review should now include voice rights.

The federal picture: the NO FAKES Act

Congress is considering a federal counterpart. The NO FAKES Act of 2026 (S. 4591) would create a federal right to control digital replicas of a person’s voice and visual likeness, with a DMCA-style notice-and-takedown process for platforms. The Senate Judiciary Committee advanced it unanimously on June 18, 2026; it still needs a vote of the full Senate and action in the House. As drafted, it would not preempt existing state laws such as the ELVIS Act, so Tennessee’s protections would remain available either way.

Practical steps now

1. Artists: Review your recording, management and endorsement contracts for language about AI, “digital replicas” or “synthetic voice.” Many older agreements grant broad rights in your “name, likeness and voice” that were never written with AI in mind.
2. Producers and studios: Get written consent before using voice models of any identifiable person, including demo singers and session vocalists.
3. Brands and agencies: Do not assume a soundalike is safe. Clear voice use the same way you clear a photograph.
4. Estates: Document ongoing commercial use of the decedent’s persona and set up monitoring for AI imitations on streaming and social platforms.
5. Everyone: When you find an unauthorized AI imitation, preserve evidence (URLs, screenshots, upload dates) before sending takedown demands.

Rights of publicity and celebrity licensing have been a focus of our practice for decades. If you have questions about protecting a voice, a persona or an estate, we are glad to help.

Further reading

• ABA Litigation Section: ELVIS Act Addresses Impact of AI on Music Industry
• GovTrack: NO FAKES Act of 2026 (S. 4591)

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your situation, contact Shrum Disney & Associates or call 615.338.5130.