The Elvis Act And The Battle Against Unauthorized Ai Voices

THE IMPACT ON THE MUSIC INDUSTRY

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The music industry has been making strides in embracing AI.

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Several platforms offer authorized voice cloning services that ensure artists are compensated.  These platforms balance AI innovation with ethical practices, protecting and rewarding creators.

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• Vocalist AI and Moises’ Voice Studio transform vocal inputs and direct royalties to original artists.
• Kits.ai “Use our library of high-quality, royalty-free AI voices with the knowledge that each use contributes to artist compensation.”
• Voice Swap AI offers a roster of licensed voices to choose from.
• BeyondWords provides fair contracting templates. You can download them here :
• Weights.gg is a community platform for sharing and downloading voice clones however, many voice clones lack authorization, and the platform has no formal verification process.

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AI CLONE DETECTION & DEFENSIVE TOOLS

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Of course, where there’s a will to create, there’s a way to fake!

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We have seen AI voice detection tools coming on the market, however there are less that specifically target AI sung voices as these need to be trained on different datasets than spoken word. There is also a need for systems to detect the difference between what is an authorized AI clone and an unauthorized production.

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Spotify opposes unauthorized AI-generated content that impersonates artists. CEO Daniel Ek said such music is "absolutely not acceptable." However, without a tagging system, it's hard for listeners to identify AI-generated content.

YouTube now allows artists and their representatives to request the removal of videos that use AI to imitate their voices without permission. This includes AI-generated music covers that mimic an artist’s unique singing or rapping voice

Resemble AI's Resemble Detect is used by Spotify to scan for anomalies in its content library. It could identify unauthorized AI-generated voice clones, though how it distinguishes between authorized and unauthorized uses is unclear.

The SingFake Project (SVDD Challenge 2024) created a dataset and detection models for identifying AI-generated singing voices, tackling challenges like background music and unique singing features. It adapts speech countermeasure systems for singing detection, showing improvements with singing-specific data. However, the dataset is small and lacks diversity. The contest prioritizes model architecture over accuracy, using YouTube music as data.

Sound Ethics has developed its own, AI singing voice detector. Their research shows multiple models are needed to address detection of different types of styles and as an effective tool for fighting unauthorized usage. They are now focused on frameworks and systems to distinguish between authorized and unauthorized voice clones.

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LEGAL CHALLENGES

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The ELVIS Act is the first legislation of its kind to make “voice” a right of publicity protected from improper impersonation with AI technology.

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Similar bills have recently been introduced into Congress:

• Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act of 2023: Establishes liability for producing or distributing unauthorized AI-generated digital replicas in audiovisual works or sound recordings.
• No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act (No AI FRAUD Act): Establishes a federal right in an individual’s likeness and voice.

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No lawsuits have been reported yet. Experts worry the ELVIS Act's broad language could cause unintended consequences and more lawsuits. The law aims to protect artists from unauthorized AI use of their voices and likenesses but could also impact traditional imitators like tribute bands and impersonators.

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As for enforcing these laws? Well, that's where things get about as clear as Bob Dylan's lyrics. --Sound Ethics

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Jurisdictional Challenges

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• Enforcing the ELVIS Act outside Tennessee could present jurisdictional challenges. However, if an entity outside Tennessee engages in activities that affect individuals within the state, Tennessee courts may claim jurisdiction over such cases. This is particularly relevant for online and digital activities that transcend state boundaries
• ELVIS Act: The specifics of damages are still being interpreted as the law is new. However it has been reported that:Violations of the ELVIS Act can result in civil lawsuits and criminal prosecution as a Class A misdemeanor. This offense carries penalties of up to 11 months and 29 days of incarceration and fines reaching $2,500.00.

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The lack of uniformity among the states’ NIL laws complicates the enforcement of an individual's ownership over these rights. While Tennessee's ELVIS Act isn't the pioneer in including voice protection (NIL+V), as California has long-established NIL+V safeguards, it notably stands as the first to explicitly guard against AI-based infringements on an individual's rights to their own NIL+V.

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For example, California introduced a bill earlier this year that would create liability for the “simulation of the voice or likeness” of a “readily identifiable” individual (i.e., a celebrity) through the use of digital technology. And, Kentucky has proposed a new law protecting commercial rights in “the use of names, voices, and likenesses.”

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Contract Protections

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The National Association of Voice Actors (NAVA) is creating standardized contracts to address AI-generated voices, ensuring performers control and fair compensation for their voice use. This initiative safeguards voice actors’ and singers’ rights and prevents unauthorized and unethical use of their performances.

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NAVA offers a contract rider to protect voice actors' and singers' recordings. This rider specifies usage terms, preventing exploitation or misuse. By setting baseline rates and protections, NAVA helps performers defend their rights in an AI-influenced industry. There is a link below to download the rider.

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Sum It Up

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The ELVIS Act has had some impact on the music industry but at this point it looks like its more about the narrative as there has been no direct enforcement. The music industry is already seeing changes, with companies like Universal Music Group launching tools like MicDrop, however larger frameworks for policing and protections for unauthorized use still need more development.

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Check out NAVA’s riders and session contract help here:

‍https://navavoices.org/synth-ai/ai-voice-actor-resources/

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You can download the ELVIS act here:

https://www.capitol.tn.gov/Bills/113/Bill/HB2091.pdf

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