An Act to amend Tennessee Code Annotated, Title 39, Chapter 14, Part 1 and Title 47, relative to the protection of personal rights.

Amends Tennessee law to protect individuals' rights to their name, photograph, voice, or likeness, including simulated versions, against unauthorized commercial use. Imposes liability for unauthorized AI-generated likenesses. Allows fair use exceptions and extends rights posthumously. Effective July 1, 2024.

  • Authority: Tennessee
  • Parent authority: State governments
  • Jurisdiction: United States
  • Collections: Editors' Picks;U.S. state and local documents
  • Most recent activity: Enacted
  • Most recent activity date: 2024-03-21

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Fraud, scams, and targeted manipulation

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Compromise of privacy
  • False or misleading information
  • Economic and cultural devaluation of human effort

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document primarily addresses risks related to malicious actors (fraud, manipulation, and unauthorized use of personal attributes), with minimal coverage of privacy concerns. It focuses on protecting individuals from unauthorized commercial exploitation of their identity through AI-generated simulations, particularly addressing fraud and scams (4.3) and privacy compromise (2.1).

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Information
  • Professional & Technical Services
  • Arts, Entertainment & Recreation

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Educational Services
  • Health Care & Social Assistance
  • Accommodation, Food & Other Services

All other sectors had no coverage in this document.

Sectors Summary

This legislation governs AI use across multiple sectors where commercial exploitation of personal identity occurs, with strongest coverage in Arts, Entertainment, and Recreation (particularly music and audiovisual works), Professional and Technical Services (advertising and marketing), and Information (media and broadcasting). It also applies to fundraising activities across various sectors.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding state statute enacted by the Tennessee General Assembly that amends existing Tennessee Code with mandatory legal obligations, civil liability provisions, and enforcement through the court system.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: Tennessee General Assembly
  • Summary: The document is a legislative act enacted by the Tennessee General Assembly, which is the state legislative body that proposed and passed this law.

Target

  • Entity Types: AI_Developer, AI_Deployer
  • Summary: The law targets any person who uses, publishes, distributes, or makes available AI-generated simulations of individuals' voices or likenesses without authorization, as well as those who distribute algorithms or tools designed to produce such simulations. This includes both developers of AI tools and deployers who use them for commercial purposes.

Enforcer

  • Entity Types: AI_Governance_Actor, Affected_Stakeholder
  • Summary: Enforcement is through private civil actions brought by affected individuals, their legal guardians (for minors), or executors/heirs (for deceased individuals). The court system serves as the enforcement mechanism, but individuals themselves initiate enforcement.

Monitor

  • Summary: The document does not establish any formal monitoring body or mechanism. Monitoring is implicit through the civil litigation process where violations are identified and brought to court by affected parties.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily governs the deployment and operational use of AI systems that generate simulations of individuals' voices or likenesses. It addresses the distribution and commercial use of AI-generated content but does not cover earlier lifecycle stages like planning, data collection, or model development.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • Generative AI
  • Task-specific AI

Technical Scope Summary

The document explicitly addresses AI-generated simulations of voice and likeness, including both the AI systems that produce such content and the algorithms/tools used to create them. It does not use technical AI terminology like 'AI models' or 'AI systems' but clearly covers AI technology through functional descriptions of simulation and generation capabilities.

https://publications.tnsosfiles.com/acts/113/pub/pc0588.pdf
https://agora.eto.tech/instrument/1378
Explore in the Document View

Document data from AGORA, CSET Emerging Technology Observatory.