HB 2091 / SB 2096 (113th General Assembly), Public Chapter 588 of 2024: Ensuring Likeness, Voice, and Image Security Act of 2024 (ELVIS Act)

Summary

Tennessee renamed and rewrote its 1984 Personal Rights Protection Act as the Ensuring Likeness, Voice, and Image Security Act of 2024. The act adds a person's voice, defined to include a simulation of the voice, to the name, photograph and likeness protected as a property right. It creates civil liability for knowingly making a person's voice or likeness available to the public without authorization, and for distributing an algorithm, software or tool whose primary purpose is producing a particular person's photograph, voice or likeness without authorization. Record labels and distributors holding exclusive rights may also sue. Fair-use exceptions cover news, commentary, criticism, satire and parody where protected by the First Amendment. The bill was House Bill 2091 of the 113th General Assembly (2023-2024); the same number in the 114th General Assembly is an unrelated off-highway vehicle fee bill.

Key dates

1. March 21, 2024Enacted
2. July 1, 2024Takes effect
3. October 16, 2026Checked against sources
4. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: October 16, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. HB2091 has been assigned Public Chapter Number 588 by the Secretary of State.

   Supports: Public chapter number

   Effective date(s) 07/01/2024 03/26/2024 Pub. Ch. 588 03/26/2024 Signed by Governor. 03/21/2024

   Supports: Signing date, chapter date and effective date

   HB 2091 bill information, 113th General Assembly Tennessee General Assembly Primary source

2. Every individual has a property right in the use of that individual's name, photograph, voice, or likeness in any medium in any manner.

   Supports: Voice added as a property right

   A person is liable to a civil action if the person distributes, transmits, or otherwise makes available an algorithm, software, tool, or other technology, service, or device, the primary purpose or function of such algorithm, software, tool

   Supports: Liability for distributing voice or likeness production tools

   Amendment No. 1 to HB2091 (HA0578) Tennessee General Assembly Primary source

3. "Ensuring Likeness, Voice, and Image Security Act of 2024"

   Supports: Short title in the enrolled public chapter

   Public Chapter No. 588 (House Bill No. 2091) Tennessee Secretary of State Primary source

4. AN ACT to amend Tennessee Code Annotated, Title 70, Chapter 9, relative to off-highway vehicles.

   Supports: The same bill number in the 114th General Assembly is an off-highway vehicle bill, not an ELVIS Act expansion

   HB 2091 bill information, 114th General Assembly Tennessee General Assembly Primary source