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RIGHT OF PUBLICITY
& THE FIRST AMENDMENT
by Joshua Matz, Partner at Kaplan Hecker & Fink LLP
Across the United States, legislators are racing to address the many challenges posed by generative artificial intelligence—including the risk that such AI will destroy Americans’ individual rights in their own voice and visual likeness. Until recently, that concern was the stuff of science fiction and fantasy. But widespread AI tools now make it easy to generate sophisticated, unauthorized fakes. With the push of a button, we can create extremely convincing visual copies and voice clones of virtually anyone. This technological development will surely result in marvelous and valuable achievements. But it also poses threats to the marketplace of ideas, fundamental privacy rights, the safety of minors, and intellectual property protections. Across every field of social and economic life—for private citizens and celebrities alike—bad faith actors can misappropriate both voice and visage to steal, confuse, threaten, and humiliate.
Many states already provide some legal protections against misappropriation of a person’s name, voice, or likeness. Those laws are important, but they are variable and uneven. The federal government should therefore establish baseline protections for every American.
Of course, the design of any such legislation gives rise to questions of its own. One key question concerns the balance between rights of publicity and the freedom of speech. This white paper offers a primer on that issue.
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Read the full paper here.
ELVIS ACT BECOMES LAW AS TENNESSEE LEADS THE NATION
Creative Community Applauds Modern Voice & Likeness Protections in AI Era
Governor Bill Lee Signs Landmark Bill During Nashville Press Conference with
Multi-Platinum Country Stars Luke Bryan and Chris Janson
Pictured (L-R): House Majority Leader William Lamberth (R-44), Luke Bryan, Governor Bill Lee, Chris Janson, RIAA CEO/Chairman Mitch Glazier & State Senate Majority Leader Jack Johnson (R-27)
Pictured (L-R): Wendy Morten, House Majority Leader William Lamberth (R-44), Drew Baldridge, Governor Bill Lee, Natalie Grant, RIAA CEO/Chairman Mitch Glazier, Harper Grace, Matt Maher, Tennessee Entertainment Commission Chair Gebre Waddell & Recording Academy Chief Advocacy & Public Policy Officer Todd Dupler
(Left) Luke Bryan celebrates Tennessee's first-in-the-nation legislation (Right) Chris Janson speaks about the ELVIS Act
NASHVILLE, TN
(March 21, 2024)
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Often progress takes time, but mere weeks since its January 10 introduction, the bipartisan Ensuring Likeness Voice and Image Security (ELVIS) Act was signed into law earlier today by Tennessee Governor Bill Lee at legendary lower Broadway honky-tonk Robert's Western World in Nashville. The ELVIS Act establishes strong protections for every person's unique voice and likeness against unauthorized artificial intelligence (AI) deepfakes and voice clones.
“Fittingly named after one of the world's most iconic voices, the ELVIS Act marks a history-defining moment – protecting us all from irresponsible and unethical AI. The Human Artistry Campaign applauds this strong, bipartisan effort to stop unauthorized AI-generated deepfakes and voice clones that steal essential parts of our individuality,” said Dr. Moiya McTier, Human Artistry Campaign Senior Advisor. “The life's work and irreplaceable contributions of the creative community to our culture deserve safeguards that allow AI technology to be used responsibly without violating anyone's rights or appropriating their art.”
Five-time Entertainer of the Year and American Idol judge Luke Bryan addressed the crowd saying, “what an amazing precedent to set for the state of Tennessee. The leaders of this are showing artists who are moving here following their dreams that our state protects what we work so hard for, and I personally want to thank all of our legislators and people who made this bill happen. It's hard to wrap your head around what is going on with AI, but I know the ELVIS Act will help protect our voices.”
Nashville Harbor Records & Entertainment/Harpeth 60 Records' chart-topping singer/songwriter Chris Janson expressed his appreciation noting, “It's a pleasure to be here today. If it weren't for moving to this town and busking up and down the street begging for a gig, I would not be where I am today. It takes real leadership, and it takes a real team coming together to protect us. I came here wanting a voice, wanting to be heard and to sing in a Lower Broadway honkytonk. Do you know what that means to a kid from the Midwest or South Florida or all of these other cities around the world? It means they made it, and now we need to protect our voices from AI-generated deepfakes using our voices, our dreams. I love what I do, I'm so grateful for my job, and I'm grateful for leadership who cares. Thank you for passing the ELVIS Act today!”
Other prominent members of the music community – many who have lent support from the beginning – were on hand to celebrate the ELVIS Act, including Natalie Grant; Bernie Herms; Matt Maher; Maggie Rose; Wendy Moten; Drew Baldridge; Harper Grace; Tennessee Entertainment Commission chair Gebre Waddell; Stax Music Academy/Stax Museum's Pat Mitchell Worley and Isaac Daniel; Sam Phillips Recording's Jerry Phillips; Tora Tora's Anthony Corder and Recording Academy Memphis Chapter Trustee Ken Shepherd.
“From Beale Street to Broadway, to Bristol and beyond, Tennessee is known for our rich artistic heritage that tells the story of our great state. As the technology landscape evolves with artificial intelligence, I thank the General Assembly for its partnership in creating legal protection for our best-in-class artists and songwriters,” said Governor Bill Lee.
State Senate Majority Leader Jack Johnson (R-27) and House Majority Leader William Lamberth (R-44) shepherded the ELVIS Act to unanimous General Assembly passage (93-0 vote in the House of Representatives and 30-0 in the Senate). Throughout the process, Country guitar-slinger Lindsay Ell, five-time Dove Awards Female Vocalist of the Year Natalie Grant, BMI Awards-winning songwriter/producer/Evanescence co-founder David Hodges, nine-time GRAMMY® Awards-nominated Contemporary Christian artist Matt Maher, singer/actor/author Chrissy Metz, hit songwriter/NSAI Board Member Jamie Moore, RIAA SVP of Public Policy Jessie Richard and legendary Christian artist Michael W. Smith spoke to the potential harms of unchecked AI deepfakes and voice clones.
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REACTIONS FROM MEMBERS OF THE HUMAN ARTISTRY CAMPAIGN
"In this rapidly advancing technological landscape, Tennessee's swift action on the ELVIS Act represents a crucial advancement for protection within the music sector. It's encouraging to witness such forward-thinking action to defend the unique qualities of our musicians from AI's mimicry. This law is not merely about safeguarding personal rights; it's a move to preserve the authenticity and the very spirit of music for generations to come. The initiative by Governor Lee to champion the ELVIS Act is a commendable stride towards maintaining music's genuine essence." - Dr. Richard James Burgess MBE, A2IM (American Association of Independent Music), President & CEO
“Artist Rights Alliance thanks Governor Lee and the Tennessee legislature for championing this landmark new law that will curb the destructive practice of AI deepfakes and voice clones. The ELVIS Act is a model for how to protect the very essence of an artist's craft — their voice and likeness — and promote the responsible and ethical use of AI.”- Jen Jacobsen, ARA (Artist Rights Alliance), Executive Director
“Black Music Action Coalition supports this first-of-its-kind legislation, as the misuse of AI could devastate Black music creators who already face an uphill battle. Our priority is to amplify the larger justice movement in the music industry, and we commend Tennessee for setting the standard in AI protection legislation. We hope to see other states follow in Tennessee's lead in order to protect the creative community.” - Willie “Prophet” Stiggers, BMAC (Black Music Action Coalition), Co-Founder, President & CEO
“Music Artists Coalition (MAC) is very grateful to Tennessee and Governor Lee for The Elvis Act! Tennessee's leadership in protecting musical artists against the urgent threat of AI deepfakes is especially fitting given the state's deep musical history and the all-incredible Tennessee artists who call the state home.” - Susan Genco, MAC (Music Artists Coalition), Board Member
“The ELVIS Act was the first legislation to put important guardrails around music created using Artificial Intelligence (AI). The Nashville Songwriters Association International (NSAI) was proud to play a role in its adoption and we hope this becomes a template for similar federal legislation and a starting point for other important protections for creators when it comes to AI. We thank Tennessee Governor Bill Lee, Senate Majority Leader Jack Johnson and House Majority Leader William Lamberth for their leadership in the unanimous passage of the ELVIS Act.” - Bart Herbison, NSAI (Nashville Songwriters Association International), Executive Director
“The Elvis Act is an important step forward in the fight to value songwriters and artists in the age of AI. Impersonating creators is the ultimate theft and this lays the groundwork for strong protections against unethical imitations. We've already seen the potential of voice replication and it is essential that we codify parameters before it becomes an even greater threat to the integrity of music.” - David Israelite, NMPA (National Music Publishers' Association), President & CEO
“The Recording Academy celebrates the passage of the ELVIS Act as a groundbreaking achievement in the effort to protect human creators in the age of AI. This milestone represents the power of collaboration, and it was a privilege to work with our partners in the Human Artistry Campaign, Governor Lee, and the Tennessee state legislature to move the ELVIS Act forward. Today is just the beginning — as AI continues to develop, the Recording Academy and our members will continue to support meaningful legislation across the country that uplifts music people and human creativity.” - Harvey Mason jr., Recording Academy, CEO
“This incredible result once again shows that when the music community stands together, there's nothing we can't do. We applaud Tennessee's swift and thoughtful bipartisan leadership against unconsented AI deepfakes and voice clones and look forward to additional states and the US Congress moving quickly to protect the unique humanity and individuality of all Americans.” - Mitch Glazier, RIAA (Recording Industry Association of America), Chairman & CEO
“SAG-AFTRA applauds Governor Lee for leading the nation in instituting meaningful protections against the misappropriation of voice and likeness by artificial intelligence. We hope this legislation will serve as a model for policymakers across the country and offer the support of our members who work across the music, television, film, broadcast and video game industries. SAG-AFTRA is focused on protecting its members' images, voices, and likenesses from being replicated by AI without their informed consent and fair compensation. The ELVIS Act is an important step in this direction.” - Duncan Crabtree-Ireland, SAG-AFTRA, National Executive Director and Chief Negotiator
"In this ever-changing world of technology, protecting the authenticity of creative works is more important than ever. The Songwriters of North America (SONA) are grateful for Tennessee's timely action on the ELVIS Act. The legislation is a positive move toward protecting the creativity of songwriters and artists, and preserving the craft for the many future generations of creators to come." - Dina LaPolt, Songwriters of North America (SONA), Board Member
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As Tennessee cements the fundamental rights all people should have to their likeness and voice, the U.S. Congress has also seen some federal progress with Senators Coons' and Blackburn's NO FAKES proposal and Representatives Salazar's and Dean's No AI FRAUD Act working towards a national response to unauthorized digital replicas and AI-generated voice clones. GRAMMY® Award-winning Country artist Lainey Wilson and Recording Academy CEO Harvey Mason jr. as well as nearly 300 actors, artists, musicians and songwriters co-signing these basic yet necessary protections. See here.
ELVIS ACT ADVANCES IN TENNESSEE
Prominent Artist-Songwriters Natalie Grant, Matt Maher & David Hodges
Support Major AI Bill, Now Moves to Final Stage – State General Assembly Consideration & Governor's Signature
NASHVILLE, TN
(February 27, 2024)
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Human artistry is built into the history of Tennessee and today in the “Music City USA” Nashville capital, vital legislation to protect a person's voice, image and likeness against irresponsible and unethical uses of artificial intelligence (AI) unanimously passed the Senate and House Commerce Committees. The Ensuring Likeness Voice and Image Security (ELVIS) Act moved forward after compelling personal testimony from prominent Contemporary Christian artist-songwriters Natalie Grant and Matt Maher alongside hit songwriter/Evanescence co-founder David Hodges. The ELVIS Act is major legislation introduced by Governor Bill Lee last month along with State Senate Majority Leader Jack Johnson (R-27) and House Majority Leader William Lamberth (R-44).
Watch House (HB2091) and Senate (SB2096) Committee hearings.
As AI-generated deepfakes and audio cloning become more commonplace, addressing the fundamental rights all people should have to their image, likeness and voice has never been more crucial.
"Every day, there are new stories about deepfakes and AI-cloned voices and images that manipulates someone's likeness without their consent. This is not just a problem that effects celebrities, this is a human problem that affects us all. As a mother of three daughters, I am terrified by how this technology has been used to exploit teenagers,” said Grant, RIAA Gold-certified, five-time Dove Awards Female Vocalist of the Year, nine-time GRAMMY® Awards-nominated artist and Recording Academy® Nashville Chapter Governor. “It's fitting that this bill is named the ELVIS Act, because Elvis performed so many different types of songs – from love songs to the blues, from pop songs to gospel music – but he infused them with his distinct voice, likeness, and personal qualities to create something new. Every individual should have the right to control their unique God-given qualities."
“As someone who writes and creates music specifically for worship in a Christian context, I believe music is part of our response to a divine Creator who made each of us unique and uniquely in His image. My voice and image set me apart, and it is part of what defines me as an individual. It also drives my career. When others use artists' voices and likeness without consent, it is a personal and fundamental violation that strikes at the heart of who we are and what we do,” said Maher, Recording Academy® Nashville Chapter Governor, a nine-time GRAMMY® Awards-nominated and RIAA Platinum certified artist. “With the ELVIS Act, Tennessee is leading the way and setting an example on this issue. It honestly pains me to think of the way that purity of artistic expression and intention could be manipulated in a way that would contradict the message of a song and of the artist who recorded it.”
“In a three-minute tapestry of words and music, my gift, and my job, is to get you to laugh or cry and to remember your most cherished times in life through my songs. The ELVIS Act is the first-of-its kind legislation that will put important guardrails around artificial intelligence for music creators. The Volunteer State is where many forms of the world's music were either born or popularized. Music is intertwined with our history, culture and economy so when technology spits out something based on ingested works created by people, something that is unauthorized, something an artist never even sang, that is wrong. Period,” said Hodges, RIAA multi-Platinum, GRAMMY® and BMI Awards-winning songwriter/producer and Nashville Songwriters Association International (NSAI) Board Member. “As a professional songwriter, syllables matter. A single note can change a song. For artists their delivery is part of their brand. They carefully choose the songs they record and release. By adding the word 'voice,' the ELVIS Act modernizes current law and makes it crystal clear that unauthorized AI-generated fake recordings are subject to legal action in Tennessee.”
“Today's action is a huge step forward toward establishing Tennessee as a leader on thoughtful guardrails for AI. As AI-generated deepfakes invade and steal what makes each of us unique, individual protections for our voices and likenesses like those in the ELVIS Act are urgently needed. The Human Artistry Campaign applauds the Tennessee House and Senate Commerce Committees for their forward-thinking legislation allowing responsible AI technology to thrive without violating our rights, threatening our safety or jeopardizing our livelihoods,” said Human Artistry Campaign senior advisor Dr. Moiya McTier.
Throughout the day, several Human Artistry Campaign members including NSAI, the Recording Academy, RIAA and SAG-AFTRA mobilized their members and orchestrated a day of advocacy at the Tennessee State Capitol, where music creators engaged in discussions with legislators, urging them to support the passage of the ELVIS Act. Tennessee artists and songwriters, most based in Nashville and Memphis, were among the participants.
Tennessee will be the first in the nation to address these fundamental human protections with new legislation. High-profile support for the ELVIS Act began with a packed press conference at the iconic Studio A, where Country guitar-slinger Lindsay Ell and legendary Christian artist Michael W. Smith spoke on behalf of other artists, songwriters, producers, engineers and musicians to the impact of AI on their community. Other attendees backing the update to Tennessee's Right of Publicity law included Ruby Amanfu, Steve Cropper, Tom Douglas, Matt Maher, Ari Morris, Lawrence “Boo” Mitchell (Royal Studios), Maggie Rose, Joanne Shaw Taylor, Gebre Waddell and Matthew West, among others. Earlier this month, singer/actor/author Chrissy Metz, hit songwriter & NSAI board member Jamie Moore and RIAA SVP of Public Policy Jessie Richard delivered compelling remarks to the TN House Banking & Consumer Affairs Subcommittee, resulting in immediate progression.
This all comes as the federal bipartisan No AI FRAUD federal gains traction and following congressional testimony from GRAMMY® Award-winning Country artist Lainey Wilson and Recording Academy CEO Harvey Mason jr. as well as nearly 300 actors, artists, musicians and songwriters co-signing these basic yet necessary protections. See here.
LANDMARK ELVIS ACT BUILDS MOMENTUM IN TENNESSEE HOUSE AS SINGER/ACTOR CHRISSY METZ, SONGWRITER JAMIE MOORE + RIAA'S JESSIE RICHARD SPEAK TO VOICE & LIKENESS PROTECTIONS
NASHVILLE, TN
(February 14, 2024)
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Staunch advocates for music creators, Tennessee lawmakers continue to advance vital legislation to protect individual voice, image and likeness against irresponsible and unethical artificial intelligence (AI) with unanimous passing of the Ensuring Likeness Voice and Image Security (ELVIS) Act - HB 2091 in the House Banking & Consumer Affairs Subcommittee yesterday (2/13). Following Governor Bill Lee's introduction last month alongside State Senate Majority Leader Jack Johnson (R-27) and House Majority Leader William Lamberth (R-44), the Subcommittee heard testimony from singer/actor/author Chrissy Metz, hit songwriter & NSAI board member Jamie Moore and Recording Industry Association of America (RIAA) SVP of Public Policy Jessie Richard explaining the importance of protecting fundamental rights all people should have to their image, likeness and voice – especially in an era of harmful AI-generated deepfakes and audio cloning.
Watch today's hearing in full here (30:36 mark).
Tennessee has been at the epicenter for generations of artists whose lived experiences are expressed through songs that have moved culture and connected communities. Metz and Moore shared their perspective as working creatives and on behalf of the Human Artistry Campaign initiatives.
“I can attest to the pain and fear coursing through the creative community, knowing that years of committed hard work, countless heartbreaks, sacrifice, unwavering resilience […] not to mention our very own character and reputations all can be torn down in a moment by an unaccountable deepfake,” said Metz. “I fully support free speech, and it's appropriate that this bill preserves all First Amendment rights. However, using someone's voice not protected by the First Amendment should not be allowed."
"Music is an important part of the fabric of Tennessee, it's a part of our culture, economy, music is our lifeblood. Tennessee has always held its creators in high esteem, and sought to protect their work and their livelihoods. We are at a critical part in American history and human innovation. I'll say that again, human innovation,” continued Moore. “As songwriters and artists, we spend hours scrutinizing over our human art. When a machine can take my lived experience in seconds, that is wrong. That is theft. And we need to protect against it.”
“Unscrupulous parties are abusing AI technology, hijacking artists' actual voices and likenesses to generate digital clones, undermining their bodies of work, and alienating their fans. […] The bill's opponents that seek categorical exemptions want to allow non-consensual uses of another person's voice and likeness in ways that are not protected by the First Amendment. Their economic interests in non-protected speech should not prevail over a person's basic rights,” said Richard. “It is worth emphasizing that the ELVIS Act applies to everyone. All Tennesseans deserve to have their voices and likenesses protected and this bill will ensure just that.”
This landmark push from Tennessee lawmakers now follows congressional testimony from GRAMMY Award-winning Country artist Lainey Wilson and Recording Academy CEO Harvey Mason jr. as well as nearly 300 actors, artists, musicians and songwriters co-signing support for similar federal protections through the bipartisan No AI FRAUD Act. See here.
HUMAN ARTISTRY CAMPAIGN ENDORSES LANDMARK
NO AI FRAUD ACT
U.S. Representatives María Elvira Salazar, Madeleine Dean, Nathaniel Moran, Joe Morelle, and Rob Wittman Introduce Bipartisan Bill to Protect Against Deepfakes, Voice Clones & Other Generative AI Abuses
WASHINGTON, DC
(January 10, 2024)
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The Human Artistry Campaign today announced its support of the “No AI Fake Replicas and Unauthorized Duplications Act of 2024” (or “No AI FRAUD Act”) landmark legislation establishing safeguards to protect against generative AI abuses that stem from the unauthorized copying of a person’s individuality and result in deepfakes, voice clones and non-consensual impersonations.
The legislation was introduced today in the U.S. House of Representatives by a bipartisan coalition led by sponsors Representatives María Elvira Salazar (R-FL-27), Madeleine Dean (D-PA-4), Nathaniel Moran (R-TX-1), Joe Morelle (D-NY-25), Rob Wittman (R-VA-1).
Human Artistry Campaign Senior Advisor Dr. Moiya McTier said:
“The most unique and foundational aspects of any person’s individuality should never be misappropriated or used without consent. We applaud Representatives Salazar, Dean, Moran, Morelle, and Wittman’s forward-thinking No AI FRAUD Act as a massive step forward in protecting people, culture, and art – while also urging other policymakers to follow their lead to shield us all from voice, image and likeness manipulation.
“Timely action is critical as irresponsible AI platforms are being used to launch deepfake and voice impersonation models depicting individuals doing and saying things they never have or would. This not only has the potential to harm these artists, their livelihoods and reputations, but also degrades societal trust. There has never been a more important time for our leaders to demand responsible and ethical AI that works for people – not against them.”
Generative AI is a form of artificial intelligence that can produce text, images and other content based upon the data it copies and processes. Many generative AI companies have permitted their platforms to use copyrighted material without authorization and are already exploiting individuals’ image, likeness or voice without their consent. This practice threatens the livelihoods of countless creators, ranging from artists, journalists and photographers to actors, athletes and authors, among others, in two specific ways:
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Generative AI-spawned fakes may tarnish the reputation of the creators affected and unfairly compete against legitimate creative works in the marketplace.
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Egregious companies have built replica models that engage in such practices on a massive commercial scale, siphoning resources out of the legitimate creative economy.
Creators – and their fans – deserve protection against this dangerous form of manipulation that the No AI FRAUD Act and earlier Senators Coons, Blackburn, Klobuchar, and Tillis-led Nurture Originals, Foster Art, and Keep Entertainment Safe Act (NO FAKES Act) discussion draft aim to combat. These important steps from all members of the House and Senate are vital to establishing the strongest laws for the American people.
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For additional commentary from Human Artistry Campaign members, see here.
HUMAN ARTISTRY CAMPAIGN RALLIES BEHIND ENSURING LIKENESS VOICE AND IMAGE SECURITY (ELVIS) ACT
Governor Bill Lee Introduces Voice, Image & Likeness Legislation Alongside
State Senate Majority Leader Jack Johnson (R-27) and House Majority Leader William Lamberth (R-44) to Protect Tennessee Music Against Exploitive Artificial Intelligence
NASHVILLE, TN
(January 10, 2024)
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Music has the power to change and connect communities, and today in the heart of Music City Governor Bill Lee introduced bicameral legislation alongside State Senate Majority Leader Jack Johnson (R-27) and House Majority Leader William Lamberth (R-44) that will protect Tennessee music. The Ensuring Likeness Voice and Image Security (ELVIS) Act updates Tennessee's Protection of Personal Rights law, making it the first state in the nation to preserve individual voice, image and likeness against irresponsible and unethical artificial intelligence (AI) in the form of deepfakes and audio cloning.
Watch the press conference livestream from the iconic Studio A in Nashville.
GRAMMY, Dove and American Music Awards-winning contemporary Christian legend Michael W. Smith will welcome artist and songwriter peers, the music community and legislative leaders. “As a working artist and songwriter, I know how vital it is to build a creative environment that protects the work and individuality of future generations of dreamers. While I am grateful for existing tools that have helped me craft both my music and my message, even more personal gifts and attributes have a right to be protected from digital manipulations. I'm honored to be here today as a voice supporting the ELVIS Act to protect my fellow musicians today and in the future.”
The ease and pace of AI-generated forgeries risk crowding out legitimate works created by real people, who have spent years honing their talent and persona. The harmful misuse of technology by some platforms threatens the future of Tennessee's creators, the jobs that they support across the state and country, and the bonds between fans and their favorite bands. Updated state laws such as the Ensuring Likeness Voice and Image Security (ELVIS) Act put value on actual human individuality over those who would profit from AI deepfakes and fraud. Tennessee's foresight in this space will offer protections for songwriters, performers, and music industry professionals' voice, image and likeness from the misuse of artificial intelligence.
Governor Lee explained the importance of this legislation to Tennessee's creatives, “From Beale Street to Broadway and beyond, Tennessee is known for our rich artistic heritage that tells the story of our great state. As the technology landscape evolves with artificial intelligence, we're proud to lead the nation in proposing legal protection for our best-in-class artists and songwriters.”
Other attendees supporting today's update to Tennessee's Right of Publicity law include artists, songwriters, producers and engineers: Ruby Amanfu, Steve Cropper, Tom Douglas, Lindsay Ell, Matt Maher, Jamie Moore, Ari Morris, Lawrence “Boo” Mitchell (Royal Studios), Maggie Rose, Joanne Shaw Taylor, Gebre Waddell, Matthew West and Lainey Wilson.
HUMAN ARTISTRY CAMPAIGN MEMBER COMMENTARY:
"I commend Governor Lee of Tennessee for this forward-thinking legislation. Protecting the rights to an individual's name, voice, and likeness in the digital era is not just about respecting personal identity but also about safeguarding the integrity of artistic expression. This act is a significant step towards balancing innovation with the rightful interests of creators and performers. It acknowledges the evolving landscape of technology and media, setting a precedent for responsible and ethical use of personal attributes, in the music industry.”
A2IM President & CEO Dr. Richard James Burgess
"The Artist Rights Alliance is grateful to Gov. Lee, State Senator Jack Johnson and Rep. William Lamberth for launching this effort to prevent an artist's voice and likeness from being exploited without permission. Recording artists and performers put their very selves into their art. Scraping or copying their work to replicate or clone a musician's voice or image violates the most fundamental aspects of creative identity and artistic integrity. This important bill will help ensure that creators and their livelihoods are respected and protected in the age of AI."
ARTIST RIGHTS ALLIANCE Executive Director Jen Jacobsen
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“AI is an important technological development that should be used to help, not hurt music artists. Tennessee has been home to some of the greatest American artists and The Music Artists Coalition applauds Tennessee for protecting these national treasures.”
MUSIC ARTISTS COALITION CO-FOUNDER & BOARD MEMBER Jordan Bromley
“AI deepfakes and voice cloning threaten the integrity of all music. It makes sense that Tennessee state would pioneer these important policies which will bolster and protect the entire industry. Music creators face enough forces working to devalue their work – technology that steals their voice and likeness should not be one of them.”
NATIONAL MUSIC PUBLISHERS' ASSOCIATION (NMPA) President & CEO David Israelite
“The emergence of generative Artificial Intelligence (AI) resulted in fake recordings that are not authorized by the artist and is wrong, period. The Nashville Songwriters Association International (NSAI) applauds Tennessee Governor Bill Lee, State Senator Jack Johnson and Rep. William Lamberth for introducing legislation that adds the word “voice” to the existing law --- making it crystal clear that unauthorized AI-generated fake recordings are subject to legal action in the State of Tennessee. This is an important step in what will be an ongoing challenge to regulate generative AI music creations.”
NSAI Executive Director Bart Herbison
“As AI technology continues to develop, today marks an important step towards groundbreaking state-level AI legislation. This bipartisan, bicameral bill will protect Tennessee's creative community against AI deepfakes and voice cloning, and will serve as the standard for other states to follow. The Academy appreciates Governor Lee and bipartisan members of the Tennessee legislature for leading the way – we're eager to collaborate with lawmakers to move this bill forward.”
RECORDING ACADEMY CEO Harvey Mason jr.
“Responsible innovation has expanded the talents of creators – artists, songwriters, producers, engineers, and visual performers, among others – for decades, but use of generative AI that exploits an individual's most personal attributes without consent is detrimental to our humanity and culture. We applaud Governor Bill Lee, State Senate Majority Leader Jack Johnson and House Majority Leader William Lamberth's foresight in launching this groundbreaking effort to defend creators' most essential rights from AI deepfakes, unauthorized digital replicas and clones. The ELVIS Act reaffirms the State of Tennessee's commitment to creators and complements Senator Blackburn's bipartisan work to advance strong legislation protecting creators' voices and images at the federal level.”
RIAA Chairman & CEO Mitch Glazier
“SAG-AFTRA applauds lawmakers who see the importance of protecting everyone's right to their likeness and voice. Our thanks to the Governor and legislators for introducing this critical update to Tennessee's Protection of Personal Rights. This bill provides critical protections against unauthorized digital replication and cloning, practices all too common in today's evolving digital world. Fans deserve authentic performances, and artists, singers and musicians deserve the strongest intellectual property rights in their voices and likenesses. Let's ensure a future where technology works for us all, not against us.”
SAG-AFTRA National Executive Director and Chief Negotiator Duncan Crabtree-Ireland
“Evolving laws to keep pace with technology is essential to protecting the creative community. As we embrace the enormous potential of artificial intelligence, Tennessee is working to ensure that music and those who make it are protected under the law from exploitation without consent, credit, and compensation. We applaud the cradle of country music and the birthplace of rock n' roll for leading the way.”
SOUNDEXCHANGE President & CEO Michael Huppe
HUMAN ARTISTRY CAMPAIGN STATEMENT ON BIDEN ADMINISTRATION EXECUTIVE
ORDER ON AI
WASHINGTON, DC
(October 30, 2023)
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“The inclusion of copyright and intellectual property protection in the AI Executive Order reflects the importance of the creative community and IP-powered industries to America’s economic and cultural leadership. On behalf of over 170 members spanning the creative and technology communities, the Human Artistry Campaign applauds this effort to craft a responsible, ethical AI policy that will promote innovation and allow both AI and human creativity to strengthen each other and thrive."
TRIO OF CREATOR-DRIVEN MUSIC TECH COMPANIES ENDORSE
HUMAN ARTISTRY CAMPAIGN FOR RESPONSIBLE AI
BeatStars, DAACI & Pro Sound Effects Join 170 Other Organizations across 34 Countries
WASHINGTON, DC
(October 30, 2023)
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As cross-sector support for the Human Artistry Campaign reaches more than 170 organizations across 34 countries, three creator-driven music tech companies announced their support for the Campaign’s core principles, which encourage responsible AI that respects the irreplaceable value of human expression. The companies – BeatStars, DAACI and Pro Sound Effects – are committed to business models that use responsible AI in support of human ingenuity. These technology innovators’ backing of the principles reflect the growing support for a collaborative environment for creators to enhance their artistic potential as industry ecosystems merge around the globe.
“The Human Artistry Campaign is rooted in a belief that technology can be an impactful tool to aid human creativity. We appreciate forward-thinking leadership from companies like BeatStars, DAACI and Pro Sound Effects who fuel artistic advancement and recognize human input as a central part of responsible AI,” said Senior Advisor Dr. Moiya.“Human creators have long worked with new technologies to bring stories, ideas, songs and diverse forms of art to life. Today’s announcement further emphasizes how reinforcing one another in responsible and ethical ways can empower human creators and respect individuals’ rights while helping to drive innovation forward.”
“BeatStars is proud to join the Human Artistry Campaign as a corporate member," said BeatStars CEO and Founder Abe Batshon. “We’ve already demonstrated our commitment to ethical AI in alignment with our mission to empower producers and artists, not to replace them. The core principles of the Human Artistry Campaign reflect that same commitment.”
“DAACI fully supports the Human Artistry Campaign because it aligns with our core fundamentals of empowering the music creator. Our human-centered AI tools have been built and developed by a team of passionate musicians, research scientists and developers, each of whom has a stake in and a conviction that our technology should enhance and amplify music creators everywhere,” shared CEO Rachel Lyske.
“Human creativity is the foundation of AI’s existence. As AI empowers more people to create and express themselves in ways never before possible, we must always respect, protect, elevate, and reward the artists that have and continue to make new forms of creation possible,” expressed Douglas Price, Founder & CEO, Pro Sound Effects.
In August, BandLab set the pace as the first music creation platform to officially support the Human Artistry Campaign with CEO Meng Ru Kuok commenting, “This reaffirms our dedication to an ethical approach to AI training and development that elevates both human expression and innovation. Together, we can all forge a future where AI empowers musicians without compromising the essence of human artistry.”
HUMAN ARTISTRY CAMPAIGN STATEMENT ON THE "NO FAKES" ACT
WASHINGTON, DC
(October 12, 2023)
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The Human Artistry Campaign believes AI could provide exciting new tools that assist human creativity if established in a responsible manner. However, generative AI applications that steal copyrighted recordings and images to produce voice clones and digital replicas or misappropriate the names and likenesses of artists and performers without consent are incredibly harmful to our society and culture. These supposed ‘tools’ attack the most basic elements of human individuality and creativity. We thank Senators Coons, Blackburn, Tillis, and Klobuchar for putting forward draft legislation to protect creators and their work. We look forward to working with all stakeholders to strengthen this proposal while providing clear and effective remedies to stop the wrongful appropriation of creators’ identities and encourage ethical AI practices.
DR. MOIYA MCTIER JOINS HUMAN ARTISTRY CAMPAIGN
WASHINGTON, DC
(August 14, 2023)
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The Human Artistry Campaign, a multi-sector global alliance of over 150 organizations from 33 countries, today announced that Dr. Moiya McTier has joined the organization as an advisor and public communicator. In this role, Dr. McTier (or “Dr. Moiya” as many colleagues and peers refer to her) will support the Campaign’s work by explaining and advocating for their seven core principles urging the development of responsible AI that supports and enhances the creative process while protecting the indispensable role of human artistry and genius.
Dr. McTier is both a scientist (with a focus in astronomy and astrophysics) and a published author with deep expertise in folklore and storytelling. In her “Explainer-in-Chief” role advising the Human Artistry Campaign, she will help educate policymakers and fellow creatives about the promise and the risks of AI, and the ways effective AI systems depend upon a robust and lasting human creative economy.
“Science and the arts have always helped each other reach new heights – from Leonardo da Vinci’s anatomical drawings to the Golden Record soaring through interstellar space on NASA’s Voyager today. And artificial intelligence will be no different – if we develop and use this trailblazing technology in responsible ways that support and extend human creativity and genius,” shares Dr. McTier.
“As an astrophysicist, I’ve used AI to optimize my research, and as a writer, I’ve used it to better visualize my stories, so I’m thrilled at the chance to work with over 150 creative arts organizations in the Human Artistry Campaign to help policymakers and the public better understand the promise and perils of generative AI.”
The Human Artistry Campaign’s core principles are available here, and individuals who support them can sign the petition here.
About Dr. Moiya McTier:
Dr. Moiya McTier has given hundreds of talks around the world on a wide range of topics, from the physics of water to global eclipse rituals. Her work sits at the intersection of science and storytelling, fact and fiction, complex concepts, and chaotic creativity. Her full bio and background are available here.
Dr. McTier officially became a doctor of the universe in 2021 as the first Black woman to graduate from Columbia’s astronomy PhD program. Overall, she has four Ivy League degrees including a joint degree in astrophysics and folklore from Harvard University. And she can also be found co-hosting Fate & Fabled, a mythology show for PBS Digital studios, as well as hosting her own podcasts Exolore (about fictional world-building through a science lens) and Pale Blue Pod (about astronomy for people who are afraid of the cosmos).
Dr. McTier’s debut book THE MILKY WAY: An Autobiography of Our Galaxy was named one of Publishers Weekly’s best books of 2022.
Dr. McTier’s mission is to help people understand the world around us better through science and is eager to do that across as many platforms as possible.
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About the Human Artistry Campaign:
The Human Artistry Campaign was launched at SXSW 2023 for open dialogue and guidance from the united creative community in the AI debate. The growing alliance supports seven core principles for keeping human creativity at the center of technological innovation. For the full international membership list or to sign the petition for individual support, please visit humanartistrycampaign.com.
HUMAN ARTISTRY CAMPAIGN STATEMENT ON BIDEN ADMINISTRATION AI ANNOUNCEMENT
WASHINGTON, DC
(July 24, 2023)
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Voluntary trust-and-safety measures are an important first step towards building a policy architecture for AI systems and practices that protect artists' and creators' rights. We look forward to continuing to work together with the Administration and Congress to address vital IP issues and developers' role in assuring a responsible, ethical, and creator-focused AI.
HOUSE COMMITTEE EXPLORES INTERSECTION OF AI & COPYRIGHT
Acclaimed Songwriter Dan Navarro Explains the Risks for Creatives and Our Culture: “ By marginalizing and, ultimately, abandoning the fundamental human spark in music creation, we are inviting a future that sees fakes as real and that debases our art and culture with soulless 'brown food product' mediocrity.”
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Committee Accepts RIAA's Mitch Glazier and NMPA's David Israelite Op-Ed on Human Artistry Campaign Principles into the Hearing Record
WASHINGTON, DC
(May 17, 2023)
Today, the House Judiciary IP Subcommittee Hearing explored the limits and requirements limits and requirements copyright and other laws impose on generative AI systems.
Subcommittee Ranking Member Hank Johnson (D-GA) summed up the core issue: “I am hard pressed to understand how a system that rests almost entirely on the works of others – and can be commercialized or used to develop commercial products – owes nothing, not even notice, to the owners of the works it uses to power its system.”
Representative Nathaniel Moran (R-TX) played a clip of the widely-criticized “Fake Drake” AI impersonation and observed: “In just a few short days that song garnered over half a million streams on Spotify before it was ultimately taken down. I will also admit I am profoundly blown away by the artistic value sitting at this table but then also concerned about what's going to happen to the creativity if we don't get ahold of this artificial intelligence issue and protect the creativity of human development.”
The Human Artistry Campaign released the following statement: “The more Congress learns about AI, the more Members appreciate the moral and legal imperative to respect creators' right to control how their work is used and for strong public policy to ensure professional performers' voices and likenesses aren't cloned and impersonated for commercial gain. We are grateful to all the members of the House Judiciary Committee for digging so deeply and seriously into these vital questions.”
At the hearing, artist, songwriter, and voice performer Dan Navarro testified about the challenges of generative AI. Navarro recounted the “human alchemy” at the heart of songwriting and recounted his experience writing the iconic song “We Belong,” recorded by Pat Benatar: “I started with the end of the song and soon we were trading lyrics back and forth that worked for one of us or the other, two estranged friends found a space to connect, and a song that people have enjoyed for the last 40 years was born in 90 minutes. That human alchemy can't be fully explained – but it's the heart of music creation.”
Navarro's full testimony is available here.
At the outset of the hearing, Subcommittee Chairman Darrell Issa introduced into the official record an op-ed just published by RIAA's Chairman and CEO Mitch Glazier and NMPA's President and CEO David Israelite. In that piece, Glazier and Israelite carefully review the challenges posed by AI to songwriters, recording artists, and all performers: “Songwriters, recording artists, and musicians today are literally being forced to compete against AI programs trained on copies of their own compositions and recordings. . . . Use of copyrighted works to train or develop AI must be subject to free-market licensing and authorization from all rights holders. Creators and copyright owners must retain exclusive control over the ways their work is used. The moral invasion of AI engines that steal the core of a professional performer's identity — the product of a lifetime's hard work and dedication — without permission or pay cannot be tolerated.”
Glazier and Israelite's op-ed is available here.
NEW RESEARCH SHOWS DEEP CONCERN OVER AI & MASSIVE SUPPORT FOR HUMAN ARTISTRY CAMPAIGN PRINCIPLES
Nearly 2-1 Ratio Feels Creators Should be Compensated for Work Used to Train AI
WASHINGTON, DC
(May 11, 2023)
A new study out today from Global Strategy Group (GSG) reveals respondents believe content creators should be compensated for the use of their material by AI by an almost 2 to 1 margin. Additionally, only 12% of voters say they would trust companies that rely mostly on AI more than companies that rely mostly on people. This authoritative independent research validates the core principles behind the Human Artistry Campaign, an initiative with worldwide support for responsible and transparent technology that keeps human creativity at the center of innovation.
“As AI rapidly evolves and new tools are launched to the public with limited testing or review, we are encouraged that even in the earliest days of this debate people recognize that human creators should be compensated when their irreplaceable expression and accomplishment are copied and used by these platforms. Human artistry will always be essential in shaping the culture and charting our history. We applaud GSG's insightful research as a vital contribution to this fast-moving debate and are proud to stand as a united creative community supporting responsible and lawful collaboration and innovation,” says a coalition spokesperson.
Read the complete Artificial Intelligence: Perceptions, Priorities, and Expectations findings from GSG here.
HUMAN ARTISTRY CAMPAIGN
ADDS 25+ NEW MEMBERS
Coalition Cements itself as the Preeminent Creative
Community Voice in Fast-Moving AI Debate,
Broad Cross-Section of Diverse Global Voices Grows Beyond Existing Roster of Artists, Performers, Writers, Athletes, and More
WASHINGTON, DC
(April 6, 2023)
After a widely-acclaimed launch at South by Southwest® (SXSW®), the Human Artistry Campaign has grown nearly 50% to 70+ worldwide members in just its first two weeks. Collective support among the newest members spans across journalism, photography, and voice actors as well as major global organizations representing songwriters, composers, publishers, and independent music. With this rapid growth, the coalition is even further poised to speak authoritatively on how AI can develop in ways that strengthen the creative ecosystem while continuing to recognize the unique and irreplaceable role of human artistry in culture and the arts.
A coalition spokesperson said, “Almost daily since we launched, new groups have reached out to join the cause. It's a testament to the unifying power of the Human Artistry Campaign's seven core principles and the broader creative community's intense focus on this issue.”
While creators in the past have waited out emerging technologies hoping they would be used in responsible ways, the Human Artistry Campaign is moving aggressively to join the AI debate at the front end. “Creators aren't waiting to be invited to the table this time,” the coalition explained. “We are claiming our seat and speaking up now, while there is time to work together with tech to ensure AI is trained and deployed in ways that follow all relevant laws and respect creators' and performers' rights.”
The Human Artistry Campaign's seven core principles are available here and individuals who support them can sign the coalition's petition here.
HUMAN ARTISTRY CAMPAIGN LAUNCHES, ANNOUNCES AI PRINCIPLES
40+ groups representing artists, performers, writers, athletes & more launch campaign for AI that supports human creativity and accomplishment
WASHINGTON, DC / AUSTIN, TX
(March 16, 2023)
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A broad coalition announced the launch of the Human Artistry Campaign to ensure artificial intelligence technologies are developed and used in ways that support human culture and artistry – and not ways that replace or erode it. With over 40 members including major unions, trade associations, and policy experts representing individual creators and rightsholders from across the entire tapestry of creative endeavor, the Human Artistry Campaign is positioned to be a leading voice in the rapidly unfolding debate over the costs and benefits of different forms of AI.
The group outlined principles advocating AI best practices, emphasizing respect for artists, their work, and their personas; transparency; and adherence to existing law including copyright and intellectual property.
The campaign urges supporters to sign a petition to advance these fundamental principles.
The launch was announced at SXSW in Austin today at an event featuring voice actor and prolific songwriter Dan Navarro, GRAMMY-nominated singer-songwriter Jessy Wilson and UT Austin professor and immersive technology expert Erin Reilly – and moderated by Rob Levine, Billboard’s Deputy Editorial Director.
MEMBER COMMENTARY
“Artists shape our culture and help build a richer, more meaningful world. We simply cannot hand over that great responsibility to computers. AI is a wonderful tool, but it needs to complement human creativity, not replace it. We will not sit on the sidelines while Big Tech once again defines the rules for a new creative frontier.”
– A2IM President and CEO Richard Burgess
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“Black songwriters, producers, and artists already face an uphill battle for ownership, credit, and proper payment in the music industry. Although AI can be an incredible tool, without the protection of real human artistry AI could devastate the Black creative community that leads so much of popular culture.”
– Black Music Action Coalition Co-founder and Co-Chair
Willie “Prophet” Stiggers
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“Artists and all creators are determined to lead on this issue and make sure we have a thoughtful, serious debate about both the risks and the benefits of AI. And the time for that debate is now.”
– Susan Genco, Board Member Music Artists Coalition
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“Incredible music originates from individuals. As we face growing AI capabilities, we as an industry are united around the fact that human artistry must be protected by strong copyright law and policy and that AI tools are developed in ways that do not undermine the value of songwriters’ work.”
– NMPA President & CEO David Israelite
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“There is so much potential with AI. But it also presents risks to our creative community. It’s crucial that we get this right early on so we don’t risk losing the artistic magic that only humans can create.”
– Recording Academy CEO Harvey Mason jr.
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“Human artistry is irreplicable. Recent developments in AI are remarkable, but we have seen the costs before of rushing heedlessly forward without real thought or respect for law and rights. Our principles are designed to chart a healthy path for AI innovation that enhances and rewards human artistry, creativity, and performance.”
– RIAA Chairman and CEO Mitch Glazier
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“It comes down to respect for creative workers and their craft. We have long fought for protections against misappropriation of our members' voices, likenesses and performances, and we are excited to continue that vital work in conjunction with our coalition partners. As technology continues to improve storytelling, we want to ensure humans are always at the center of the story.”
– SAG-AFTRA National Executive Director and Chief Negotiator Duncan Crabtree-Ireland
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“Artificial intelligence is a powerful, still-emerging technology that presents unique challenges as it matures in the creative arts space. We embrace the responsible use of AI, but recent advancements in AI have underscored the need to develop consensus on responsible use and to address important intellectual property concerns. Our culture and our technology must respect the foundational role that all creators play in AI’s ultimate output.”
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– SoundExchange President and CEO Michael Huppe
FOX 5 NEW YORK
Artificial intelligence and the music industry: Harmonious or harmful?
by Dan Bowens
THE ATLANTIC
The Problem With Counterfeit People
by Daniel C. Dennett
THE WASHINGTON POST
AI-generated Drake song is an insult to the artistry of hip-hop
by Shamira Ibrahim
UK MUSIC
UK Music Signs Up To Human Artistry Campaign On World IP Day
by UK Music
THE ROOT
AI-Generated Music Is Creating Black Art Without Black Input
by Noah A. McGee
THE WASHINGTON POST
Opinion: To protect human artistry from AI, new safeguards might be essential
by T Bone Burnett & Jonathan Taplin
MUSIC BUSINESS WORLDWIDE
Something New: Artificial Intelligence and the Perils of Plunder
by Michael Nash
THE NEW YORK TIMES
Making Deepfakes Gets Cheaper and Easier Thanks to A.I.
by Stuart A. Thompson
THE ILLUSION OF MORE
Art is Human
by David Newhoff