⚖️ Understanding the ELVIS Act

Author

Liam Gill
August 29, 2024

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The ELVIS Act: A New Era of Legal Protection for AI-Generated Media

The "Ensuring Likeness, Voice, and Image Security Act of 2024" (ELVIS Act) significantly expands the protections previously offered under the "Personal Rights Protection Act of 1984." For startup founders, particularly those working with AI or in media, understanding this law is essential. The ELVIS Act grants individuals a property right not only in their name, photograph, and likeness but now explicitly includes their voice as well. This right is exclusive during the individual’s lifetime and extends for 10 years posthumously, provided there is continued commercial use by the deceased’s estate. For startups utilizing AI to create or manipulate media involving real individuals, the ELVIS Act imposes new obligations to secure proper consent, especially when dealing with AI-generated likenesses or voices.

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Legal Risks and Compliance for Startups

The ELVIS Act introduces strict penalties for the unauthorized use of an individual’s name, photograph, likeness, or voice in commercial contexts, including fundraising or advertising. For startups, this means that any use of AI-generated content that mimics an identifiable individual must be carefully managed to avoid legal liability. In particular, the Act allows civil action against those who distribute, transmit, or use technology to create AI-generated representations without authorization. This could directly impact cases like the recent controversy where former President Donald Trump shared AI-generated images depicting Taylor Swift in support of his campaign. While this specific instance may not fall under the ELVIS Act due to its focus on audio impersonation, it highlights the growing scrutiny around AI-generated media and the potential legal risks associated with its misuse.

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Navigating Fair Use and First Amendment Considerations

The ELVIS Act also refines the concept of fair use in relation to AI-generated content, providing exceptions for news, public affairs, satire, and parody, among others, as long as these uses are protected under the First Amendment. However, startups should tread carefully when creating content that might appear to be authentic or directly connected to an individual, as the Act strictly prohibits creating false impressions that the individual participated in the work. As AI technology continues to evolve, it is likely that the ELVIS Act will serve as a critical legal framework, shaping how AI-generated content can be legally produced and used, and highlighting the importance of securing proper permissions in this rapidly changing landscape.

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