Source: Mondaq

Mondaq provides an update on the legal landscape surrounding "synthetic performers" and the protection of digital likeness in the United States. As generative AI makes it easier to replicate human voices and appearances, several states have enacted laws to protect performers from unauthorized commercial use of their digital twins. A prominent example is Tennessee's ELVIS Act, which explicitly includes voice as a protected property right. These state initiatives aim to provide artists with the legal tools to sue developers who use their likeness to train AI models without consent.

The article explores the growing tension between these state-level protections and the federal government's recent efforts to streamline AI regulation. While states focus on individual rights and transparency, federal policies under the Trump administration are moving toward a more permissive environment for AI training. This creates a significant legal conflict regarding whether federal deregulation can preempt state laws that protect personality rights and digital identity. Legal experts are closely watching how courts will resolve these disputes, as they involve fundamental constitutional questions about state police powers.

Additionally, the contribution highlights new transparency requirements that mandate the disclosure of synthetic content in advertising. These laws require companies to clearly label any media where a performer's likeness has been digitally altered or generated by AI. This movement toward "synthetic transparency" is intended to protect consumers from deception while preserving the economic value of real human performance. As litigation increases, the definition of what constitutes a "fair use" of a person's digital identity remains one of the most contentious issues in modern intellectual property law.