Just so you can read the actual law, here it is. If this law will stand up in court remaines to be seen.
It has been said by the government of Tennessee that it is not the intent for this law to effect cover bands.
The law itself is does not exclude that possibility and that is one of the possible untended consequences. Not everyone is in favor of this law as it is written. That fact will likely also wind up in court.


SENATE BILL 2096
By Johnson
HOUSE BILL 2091
By Lamberth
HB2091
011887
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, Part 1 and Title 47, relative to the protection of personal rights.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 47-25-1101, is amended by deleting "Personal Rights Protection Act of 1984" and substituting "Ensuring Likeness, Voice, and Image Security Act of 2024".
SECTION 2. Tennessee Code Annotated, Section 47-25-1102(4), is amended by inserting "individual," before "firm,".
SECTION 3. Tennessee Code Annotated, Section 47-25-1102, is amended by adding the following as a new subdivision:
( ) "Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual;
SECTION 4. Tennessee Code Annotated, Section 47-25-1103, is amended by deleting subsection (a) and substituting:
(a) Every individual has a property right in the use of that individual's name, photograph, voice, or likeness in any medium in any manner.
SECTION 5. Tennessee Code Annotated, Section 47-25-1104, is amended by deleting subdivision (b)(2) and substituting:
(2)
(A) The exclusive right to commercial exploitation of the property rights is terminated by proof of the non-use of the name, photograph, voice, or likeness of
- 2 - 011887
an individual for commercial purposes by an executor, assignee, heir, or devisee to the use for a period of two (2) years subsequent to the initial period of ten (10) years following the individual's death.
(B) For purposes of subdivision (b)(2)(A), "use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name, photograph, voice, or likeness is readily identifiable.
SECTION 6. Tennessee Code Annotated, Section 47-25-1105, is amended by deleting subsection (a) and substituting:
(a)
(1) Any person who knowingly uses or infringes upon the use of an individual's name, photograph, voice, or likeness in any medium, in any manner directed to any person other than such individual, for purposes of advertising products, merchandise, goods, or services, or for purposes of fundraising, solicitation of donations, purchases of products, merchandise, goods, or services, without such individual's prior consent, or, in the case of a minor, the prior consent of such minor's parent or legal guardian, or in the case of a deceased individual, the consent of the executor or administrator, heirs, or devisees of such deceased individual, is liable to a civil action.
(2) A person is liable to a civil action if the person publishes, performs, distributes, transmits, or otherwise makes available to the public an individual's voice or likeness, with knowledge that use of the voice or likeness was not authorized by the individual or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individual, the executor or administrator, heirs, or devisees of such deceased individual.
- 3 - 011887
(3) A person is liable to a civil action if the person distributes, transmits, or otherwise makes available an algorithm, software, tool, or other technology, service, or device, the primary purpose or function of which is the production of an individual's photograph, voice, or likeness without authorization from the individual or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individual, the executor or administrator, heirs, or devisees of such deceased individual.
SECTION 7. Tennessee Code Annotated, Section 47-25-1106(a), is amended by deleting "photograph, or likeness" and substituting "photograph, voice, or likeness".
SECTION 8. Tennessee Code Annotated, Section 47-25-1106, is amended by inserting the following as a new subsection:
(f) Where a person has entered into a contract for an individual's exclusive personal services as a recording artist or an exclusive license to distribute sound recordings that capture an individual's audio performances, an action to enforce the rights set forth in this part may be brought by the person or the individual.
SECTION 9. Tennessee Code Annotated, Section 47-25-1107, is amended by deleting "photograph, or likeness" wherever it appears and substituting "photograph, voice, or likeness".
SECTION 10. Tennessee Code Annotated, Section 47-25-1107(a), is amended by deleting "account" and inserting "account, to the extent protected by the First Amendment to the United States Constitution".
SECTION 11. Tennessee Code Annotated, Section 47-25-1107(c), is amended by deleting "had knowledge of the unauthorized use" and substituting "had knowledge or reasonably should have known of the unauthorized use".
- 4 - 011887
SECTION 12. Tennessee Code Annotated, Section 39-14-152(g), is amended by deleting "Personal Rights Protection Act of 1984" and substituting "Ensuring Likeness, Voice, and Image Security Act of 2024".
SECTION 13. This act takes effect July 1, 2024, the public welfare requiring it.

Billy

Last edited by Planobilly; 05/02/24 08:32 AM.
www.talking-about-ai.com