AI Caramba!

On March 21, 2024, Tennessee became the first state to legislate certain additional protections of intellectual property right owners in the face of rising AI technology. While the state had previously protected name, image, and likeness rights, the Ensuring Likeness, Voice, and Image (ELVIS) Act of 2024 amends the prior Tennessee Personal Rights Protection Act of 1984 to include an individual’s “voice” as among those protected rights. Courts across the country have seen other intellectual property owners bringing suit against various AI platforms to prevent infringement and other use of their materials. Owners of intellectual property rights should take care to include provisions in all agreements covering the use of such rights by AI applications, and incorporating additional statutory IP protections that may be enacted in the future.