ELVIS Act amends Tennessee Right of Publicity law with AI provisions

Tennessee’s Right of Publicity statute has been amended to provide broader provisions against artificial intelligence. Specifically, the amendment fortifies the concept of voice and the vulnerabilities AI could take advantage of if left unchecked.

Here is a link to the amendment: Tennessee ELVIS Act amendment

And here is a link to the Recording Academy’s announcement:
Recording Academy ELVIS Act announcement

Jason Mraz lawsuit illustrates important takeaways

The lawsuit filed by Jason Mraz against MillerCoors, filed December 4, 2019 illustrates various important points and takeaways.  View the complaint here:  Jason Mraz v. MillerCoors complaint

Reportedly, MillerCoors was a sponsor of the 2019 BeachLife Festival in California where Jason Mraz performed.  His performance of course included one of his hit songs, I’m Yours.  The complaint alleges that MillerCoors posted an advertisement on Instagram for Coors.  The advertisement includes a clip of Mraz performing the song, the Coors logo, display of a can of Coors Light, the phrase “presented by Coors Light,” and in the comments, the added statement “Kicking off summer with the World’s Most Refreshing Beer at the BeachLife Festival.”

While a complaint is not the same as a ruling, at least two of the important takeaways from this case are:

1. Social media is advertising.
2. Sponsors do not acquire broad rights to third-party intellectual property simply by serving as a sponsor.

Both of these issues come up with some regularity in the business of representing a rights owner and the right of publicity.  Claiming that a social media post is somehow different from advertising on the basis that it is a fluid, user-controlled environment, or that serving as a sponsor entitles the sponsor to utilize the rights of anyone other than the party they are in contract with as a sponsor, both can lead to serious problems.