In late March, Tennessee Governor Bill Lee signed into law the Ensuring Likeness Voice and Image Security Act of 2024—known as the “ELVIS Act”—making Tennessee the first state to address head-on potential misuses of artificial intelligence (AI) related to an individual’s voice. The law prohibits individuals from using AI to generate and distribute replicas of
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Copyright Counseling and Protection: An Excerpt from the Advertising Law Tool Kit
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. Click here to download the entire Tool Kit, and tune in to the Ad Law Tool Kit Show podcast, to hear an author of this chapter dive deeper into copyright counseling and…
Event in Review: 10th Advertising Law Symposium
Venable’s Advertising and Marketing Group hosted its 10th Advertising Law Symposium on March 21 in Washington, DC. The group welcomed in-house counsel, advertising executives, and marketing professionals for a full day of sessions on the latest developments in advertising law and what to watch for soon.
Here are some highlights:
Patchwork of Privacy Laws Makes…
ELVIS Adds (His) Voice to the Protection of Artists Against AI-Generated Deepfakes
In an effort to provide its musical artists some protection from AI-generated deepfakes of their voices, the state of Tennessee recently enacted ELVIS seeking a cure. Specifically, Tennessee passed the Ensuring Likeness, Voice and Image Security (ELVIS) Act, which goes into effect July 1 of this year. The ELVIS Act replaced Tennessee’s existing rights law…
Synthetic Content, Real Regulations: Regulation of Artificial Intelligence in Political Advertising
As campaigns explore new ways to harness artificial intelligence, regulators are rushing to keep pace ahead of the 2024 elections. The explosion in generative AI has put pressure on lawmakers and advertising platforms alike to stay ahead of deepfakes, voice clones, and other political advertising that may deceive voters or spread misinformation, all while balancing…
Citing Upcoming Elections, FCC Extends TCPA to Cover AI-Generated Content
Is a phone call that uses artificial intelligence to imitate a real person “an artificial or prerecorded voice,” subject to the restrictions of the Telephone Consumer Protection Act? The Federal Communications Commission unanimously answered yes in a recent declaratory ruling, foreclosing creative arguments that a “voice clone” is a live call and not an artificial…
FCC Clarifies TCPA Rules to Affirmatively Restrict Use of AI-Generated Calls
By Micah Wallen
Moving at rapid speed, the Federal Communications Commission (FCC) has just announced its unanimous adoption of a new Declaratory Ruling finding that voice calls using artificial intelligence (AI)-generated voices fall under the Telephone Consumer Protection Act (TCPA).
The ruling takes effect immediately and gives state attorneys general powerful new tools to go after voice cloning…
AI Deepfake Bill: Senators Contemplate the First Federal Right of Publicity
On Thursday, October 12, a bipartisan group of senators—Chris Coons (D-Del.), Thom Tillis (R-N.C.), Marsha Blackburn (R-Tenn.), and Amy Klobuchar (D-Minn.)—released a Discussion Draft of the Nurture Originals, Foster Art, and Keep Entertainment Safe (dubbed the “NO FAKES”) Act that would protect the voice, image, or visual likeness of all individuals from unauthorized AI-generated digital…
How Will Use of Copyrighted Content in Artificial Intelligence Be Evaluated After the Supreme Court’s Warhol Decision?
The U.S. Supreme Court’s recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith is unlikely to shed much light on whether the use of copyrighted material in artificial intelligence (AI) content will lead to liability. The Court’s decision mandates that courts look to the “specific use” of the copyrighted material at issue when…
Artificial Intelligence Wants Your Name, Image and Likeness – Especially If You’re a Celebrity
Innovations in artificial intelligence (AI) have made it easier than ever to replicate a person’s name, image, and likeness (NIL), particularly if that person is a celebrity. AI algorithms require massive amounts of “training data”— videos, images, and soundbites—to create “deepfake” renderings of persona in a way that feels real. The vast amount of training…