State and Federal Legislation Target AI Deepfakes

There has been a push at the state and federal level to regulate AI-generated deepfakes that use the voices and likenesses of real people without their approval. 

This legislative momentum stems from a series of high profile incidents involving deepfakes that garnered public attention and concern.  Last year, an AI-generated song entitled “Heart on My Sleeve” simulated the voices of recording artists Drake and The Weeknd. The song briefly went viral before being pulled from streaming services following objections from the artists’ music label.  Another incident involved an advertisement for dental services that used an AI-generated Tom Hanks to make the sales pitch. As AI becomes more sophisticated and accessible to the general public, it has raised concerns over the misappropriation of people’s personas. In recent months, several states have introduced legislation targeting the use of deepfakes to spread election-related misinformation.  At the federal level, both the House and Senate are considering a federal right of publicity that would give individuals a private right of action. At the state level, Tennessee has become the first state update its right of publicity laws targeted towards the music industry, signing the Ensuring Likeness Voice and Image Security (the “ELVIS Act”) into law on March 21, 2024, which takes effect July 1, 2024.

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