As a new and ever-evolving technology, some are optimistic about Al’s potential utilization in the music business for things like lyric translations, estate marketing, and fan engagement. On the other hand, new generative Al tools pose challenges that jeopardize the integrity and work of creatives. Voice cloning and
“deepfakes” have the ability to convincingly imitate the voices, lyrics, and sounds of well-known musicians, often without their consent. Such a practice can lead fans to be confused, misled, or scammed, while at the same time swindling musicians, who have spent time and energy honing their craft, out of financial compensation. As David Israelite, the President and CEO of the National Music Publishers’ Association, put it, “(music creators face enough forces working to devalue their work-technology that steals their voice and likeness should not be one of them.”
And yet, the exact issue that Israelite articulated has happened time and time again. For example, two big name artists, Drake and The Weeknd, had an unauthorized, Al-produced song go viral in 2023. The song caused enough of an issue that Drake’s label, Universal Music, had to step-in to get the song removed from streaming platforms by threatening copyright infringement. When Drake again fell victim to another unauthorized, Al-produced song shortly after the first ordeal, he called it “the final straw.” Other artists have voiced their concerns over the controversial use of Al, calling it anything from outright “wrong” to “demonic.” These criticisms have spurred music industry players like country-hitmaker Lainey Wilson, Recording Academy
President & CEO Harvey Mason Jr., and songwriter/rocker David Hodges, along with nearly 300 other members of the entertainment industry, to demand meaningful change in the form of legislation.
While Tennessee is the first state to introduce Al legislation of this nature, the federal government has also addressed the issue under the No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act (“No Al Fraud Act”). The No Al Fraud Act, supported by a bipartisan group of U.S. House lawmakers, aims to structure voice and likeness protections on the federal level. The House’s efforts appear to complement the Senate’s own initiative, which came in the form of a draft bill titled Nurture Originals, Foster Art, and Keep Entertainment Safe Act (“NO FAKES Act”).
This progress shows that the concerns of hundreds of actors, artists, musicians, and songwriters have been heard. With thoughtful legislation being proposed by elected officials on both sides of the aisle, it seems promising that some of these laws will come to fruition.
With that, perhaps the federal and state governments can work in tandem to protect the very strength that creatives have been using to draw attention to this unprecedented crisis: their voices.
As of February 27, 2024, the ELVIS Act has unanimously passed both the Senate and House Commerce Committees in Tennessee. The Act will now move on to the final stages: consideration from the State General Assembly and the Governor’s signature. If passed, it will be interesting to see how the law fares in Tennessee and whether it will serve as a catalyst for other states to follow suit.
CITATIONS
• Liza Anderson, ELVIS Act To Move Forward In Tennessee, MUSIC ROW (Feb. 27, 2024).
• LB Cantrell, Governor Bill Lee Introduces EL VIS Act for Likeness,
Voice & Image Protection, MUSIC ROW (Jan. 10, 2024).
• Audrey Gibbs, New major Al bill advances in Tennessee, ELVIS Act moves to final stages of consideration, THE TENNESSEAN (Feb. 28, 2024).
• Anna Nicolaou and Madhumita Murgia, Google and Universal Music negotiate deal over Al ‘deepfakes, FINANCIAL TIMES (Aug. 8,2023).
• Kristin Robinson, Tennessee State Bill to Protect Artists’ Voices from Al Impersonation Unveiled By Governor, BILLBOARD (Jan. 10, 2024).
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