Rights & Ethics

Right of Publicity

An individual's inherent right to control the commercial use of their identity, including name, likeness, and voice.

How the laws define this

State laws and federal proposals consistently agree that the right of publicity is an inherent or property right granting an individual exclusive authority to control and prevent unauthorized commercial use or exploitation of their identity, including their name, likeness, and voice. The principal divergence lies in legal classification, covered attributes, and target scope. California AB 1836 applies specifically to digital replicas of deceased performers and uniquely protects an individual's signature alongside photograph, voice, name, and likeness. In contrast, the Tennessee ELVIS Act and the ELVIS Act of 2024 emphasize expanding identity protection specifically to include voice alongside name, photograph, and likeness. Furthermore, while Arkansas HB 1071 protects this right in Arkansas under The Frank Broyles Publicity Rights Protection Act, the NO FAKES Act of 2025 seeks to establish it as a federal intellectual property right.

Synthesised from the 5 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first. Showing 4 of the 5 instruments that define this term; all are listed under Definitions below.

Jurisdiction	Instrument	Status	What is distinctive
Arkansas, United States	Arkansas HB 1071 - Right of Publicity and AI	In Force	Explicitly names it the Frank Broyles Publicity Rights Protection Act as amended by HB 1071, tying the right to Arkansas state law protections.
California, United States	California AB 1836 - Digital Replicas of Deceased Performers	In Force	Limits protections to deceased performers and expands identity elements to include signature alongside name, voice, photograph, or likeness.
Tennessee, United States	Tennessee ELVIS Act - Ensuring Likeness Voice and Image Security	In Force	Emphasizes the right to profit from commercial use and explicitly establishes civil and criminal liability for violations.
United States	Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2025	Proposed	Proposes establishing the right as a federal intellectual property right applicable nationwide, rather than state-specific.

What it triggers

In Arkansas, commercial entities must obtain prior consent before using an individual's AI-generated voice or synthetic likeness.source
In California, estates must consent to the use of AI-generated digital replicas of a deceased performer's voice or likeness.source
In Tennessee, the ELVIS Act prohibits unauthorized AI replication or commercial exploitation of an individual's voice and likeness, with civil and criminal liability.source

Definitions (5)

The inherent right of an individual to control the commercial use of their identity, including their name, likeness, and voice. The Frank Broyles Publicity Rights Protection Act, as amended by HB 1071, protects this right in Arkansas.

Arkansas HB 1071 - Right of Publicity and AIDefinition 1 of 5

A property right that grants an individual the exclusive authority to control the commercial exploitation of their identity, including their name, voice, signature, photograph, or likeness, and to prevent unauthorized use by others.

California AB 1836 - Digital Replicas of Deceased PerformersDefinition 2 of 5

The right of publicity is a property right that grants an individual the exclusive authority to control and profit from the commercial use of their identity, which includes their name, photograph, likeness, and, as expanded by the ELVIS Act, their voice. It prevents unauthorized commercial exploitation of one's persona.

Tennessee ELVIS Act - Ensuring Likeness Voice and Image SecurityDefinition 3 of 5

The right of publicity is an inherent property right that grants an individual the exclusive authority to control the commercial use of their identity. This typically includes their name, photograph, likeness, and, as expanded by the ELVIS Act, their voice, preventing unauthorized commercial exploitation.

Ensuring Likeness, Voice, and Image Security (ELVIS) Act of 2024Definition 4 of 5

The inherent right of every individual to control the commercial use of their identity, including their name, image, likeness, or voice, which the NO FAKES Act seeks to establish as a federal intellectual property right.

Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2025Definition 5 of 5

Not to be confused with

Posthumous right of publicity

Posthumous right of publicity applies exclusively after an individual's death for a limited period, while these definitions generally cover living individuals.

ELVIS Act

ELVIS Act specifically refers to the Tennessee law expanding right of publicity to voice against AI deepfakes, matching definition 3 but distinct from other jurisdictions.

Questions and answers

Does right of publicity protect against AI-generated content?

Yes, in Arkansas, Tennessee, and California, it protects against unauthorized AI-generated voice or likeness in commercial use. The federal NO FAKES Act would extend this if passed.

Is right of publicity only for living people?

No, California AB 1836 specifically protects deceased performers through their estates. Other definitions focus on individuals generally.

What happens without consent under these laws?

In Tennessee, it leads to civil and criminal liability. Arkansas and California prohibit such unauthorized commercial uses without specifying further consequences here.