Bill to protect musicians’ voices from AI could have unintended consequences, one legal expert says

NASHVILLE, Tenn. (WKRN) — The ELVIS Act, which is designed to protect a musician’s voice from the misuse of artificial intelligence, is one step closer to becoming law, but one internet legal expert said it could have negative consequences that impact practically everyone in Tennessee.

House Bill 2019, or the ELVIS Act, which stands for Ensuring Likeness, Voice, and Image Security, was first unveiled by Gov. Bill Lee last month in an effort by lawmakers to help protect musicians’ voices from being misused by AI.

“When it comes to Elvis or Isaac Hayes, Tina Turner, Dolly Parton, Loretta Lynn, Kenny Chesney, and hundreds more, their likeness, their image, and their voice belong to them. It is part of the art they make and should not be something for software to be able to steal,” David Hodges, an accomplished musician, told lawmakers Tuesday.

📧 Have breaking come to you: Subscribe to News 2 email alerts →

The ELVIS Act has received bipartisan praise, and it passed a House committee Tuesday morning, moving one step closer to becoming law.

However, Carl Szabo, vice president and general counsel of NetChoice — a group that works to make the internet safe, according to its website — told News 2 he has his concerns partly because the bill doesn’t clearly define artificial intelligence.

“It is so broad, it is so overly broad, and, unfortunately, it is written in a way that would actually make it illegal for you to go to a concert, take a picture of your favorite artist, and post it online,” Szabo said.

Szabo took his concerns to social media, posting that even a color-corrected photo online would require a disclosure, “warning the world about your ‘AI-assisted edits,'” he wrote on X.

“We might initially think, ‘Oh, that’s fine,’ but then you start to realize all the bad ways that this can snowball out of control,” Szabo said.

Read the latest from the TN State Capitol Newsroom

While it may sound absurd, according to Szabo, the issues could spiral so far as to allow a mother to sue her own daughter for posting a photo she didn’t like of herself.

“That would be crazy, but that’s the type of thing we’re talking about right now,” Szabo said.

Szabo told News 2, the bill needs fine-tuning, including the addition of a provision that specifically bans AI-produced content for commercial use.

“Essentially, if I’m going to use your face for my advertisement, I need to get your permission. That makes sense,” Szabo said. “Unfortunately, that key provision is missing, so now it just applies so broadly that if you take a picture and post it online, you’re on the hook.”

“It’s a well-[intended] piece of legislation, it’s just not narrowly drafted and it needs to be fixed,” Szabo continued. “Otherwise, it’s going to cause a whole lot of problems for a whole lot of people all across the state of Tennessee.”

⏩ Read today’s top stories on wkrn.com

One of the bill’s sponsors, House Majority Leader William Lamberth (R-Portland), told lawmakers they first want to make sure everyone is “neutral” about the proposed legislation. Then, they’ll look for any unintended consequences a few years down the road.

The bill will be discussed in the Calendar & Rules Committee in the future, but a date has not been set yet.

For the latest news, weather, sports, and streaming video, head to WKRN News 2.