Ensuring Likeness, Voice, and Image Security Act of 2024 (formerly Personal Rights Protection Act of 1984)
ELVIS Act
Artificial intelligence · Biometric · Other
Tennessee's right-of-publicity statute gives every individual a property right in the use of their name, photograph, voice, and likeness. The 2024 ELVIS Act added voice (including simulated or AI-generated voice) as a protected right and created liability for publishing unauthorized voice or likeness replicas and for distributing tools whose primary purpose is cloning a particular person. Rights survive death and pass to heirs, subject to First Amendment fair-use exceptions.
- Where
- Tennessee
- Citation
- Tenn. Code Ann. §§ 47-25-1101 to 47-25-1108 (as amended by 2024 Tenn. Pub. Acts ch. 588, HB 2091/SB 2096)
- Status
- In force
- Last amended
- 2024-07-01
- Enforced by
- Private civil actions in chancery or circuit court; criminal prosecution for unauthorized commercial use
- People can sue
- Yes
- Penalties
- Injunctions, actual damages plus attributable profits, and other remedies under § 47-25-1106; unauthorized commercial use under § 47-25-1105(a) is also a Class A misdemeanor. Holders of exclusive recording contracts or distribution licenses may also sue.
- Applies to
- Any person or entity that uses an individual's name, photograph, voice, or likeness for advertising, fundraising, or solicitation without consent
- Anyone who publishes or makes available an individual's voice or likeness knowing it was not authorized, including AI-generated simulations
- Anyone who distributes technology whose primary purpose is producing a specific identifiable individual's photograph, voice, or likeness, knowing the use is unauthorized
Rights it gives people
- Every individual has a property right in the use of their name, photograph, voice, or likeness in any medium; "voice" includes a simulation readily attributable to the individual.Tenn. Code Ann. §§ 47-25-1102, 47-25-1103(a) · From 2024-07-01
Practices it requires
- Obtain prior consent (a parent's for a minor, heirs' or executor's for a deceased person) before knowingly using a name, photograph, voice, or likeness for advertising, fundraising, or solicitation.Tenn. Code Ann. § 47-25-1105(a)(1)
- Do not publish, perform, distribute, or transmit an individual's voice or likeness to the public knowing the use was not authorized.Tenn. Code Ann. § 47-25-1105(a)(2) · From 2024-07-01
- Do not distribute an algorithm, software, tool, or service whose primary purpose is producing a particular identifiable individual's photograph, voice, or likeness, knowing the output is unauthorized.Tenn. Code Ann. § 47-25-1105(a)(3) · From 2024-07-01
Other duties
- Fair-use safe harbors (to the extent the First Amendment protects the use) for news, commentary, criticism, satire, parody, non-deceptive audiovisual portrayals, and fleeting or incidental uses.Tenn. Code Ann. § 47-25-1107(a) · From 2024-07-01
- Advertising media owners are liable if they knew or reasonably should have known of the unauthorized use.Tenn. Code Ann. § 47-25-1107(c) · From 2024-07-01
Sources
- Official text
- 2024 Tenn. Pub. Acts ch. 588 (HB 2091), Tennessee Secretary of State
- HB 2091 bill history, Tennessee General Assembly
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Original effective date of the 1984 Personal Rights Protection Act was not confirmed from a primary source, so effective_date is null; the ELVIS amendments took effect July 1, 2024. | Remedy and criminal-penalty details in §§ 47-25-1105(b) and 47-25-1106 are from code-publisher text, not the official code, because the official Lexis code could not be fetched. | Last section number of the part (§ 47-25-1108) not confirmed.
Research reference, not legal advice.