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AI Summary
The ELVIS Act of 2025 establishes property rights over likeness, voice, and image, with rights descendible for ten years post-death and penalties for unauthorized use.
Business Impact
If you use AI to create or distribute content involving individuals' likenesses in Mississippi, you must obtain consent or face civil penalties starting July 1, 2025.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
What This Means
The ELVIS Act of 2025 introduces significant protections against unauthorized use of likeness, voice, and image, with penalties including fines, imprisonment, and seizure of contraband items. Rights are freely assignable and licensable, emphasizing the need for businesses to comply with consent requirements.
Key Provisions
- Individuals have exclusive property rights in their name, photograph, voice, or likeness.
- Unauthorized use without consent leads to civil liability and potential misdemeanor charges.
- The act allows for injunctions, confiscation of unauthorized materials, and seizure of contraband items.
- Fair use exceptions are defined, particularly for news and commentary.
- Rights are descendible to heirs for ten years post-death and are freely assignable and licensable.
- Commercial exploitation guidelines are established.
- Penalties include imprisonment up to 11 months and 29 days and fines up to $3,000.
- Remedies include recovery of actual damages, profits, and treble damages for armed forces members.
Latest Legislative Action
Died In Committee
Bill Sponsors
| Name | Role | District |
|---|---|---|
| Jill Ford R | Sponsor | HD-073 |
Compliance Checklist
Obtain consent from individuals before using their likeness, voice, or image.
Who: Businesses utilizing AI for content creation or distribution.
Deadline: By July 1, 2025.
Penalty: Civil action and misdemeanor charges for non-compliance.
Who: Businesses utilizing AI for content creation or distribution.
Deadline: By July 1, 2025.
Penalty: Civil action and misdemeanor charges for non-compliance.
Review and adjust marketing materials to ensure compliance with the act.
Who: Marketing and legal teams within businesses.
Deadline: By July 1, 2025.
Penalty: Potential fines and legal action.
Who: Marketing and legal teams within businesses.
Deadline: By July 1, 2025.
Penalty: Potential fines and legal action.
Full Legal Analysis
The ELVIS Act of 2025 requires individuals to have a property right in their name, photograph, voice, or likeness, especially concerning AI-generated deepfakes. Rights are descendible to executors, assigns, heirs, or devisees for ten years post-death and are freely assignable and licensable. Businesses must obtain consent before using these attributes commercially. The act includes penalties for distributing technology enabling unauthorized use, with specific penalties of imprisonment up to 11 months and 29 days and fines up to $3,000. It also provides for the seizure and forfeiture of contraband items used in unauthorized use. Remedies include recovery of actual damages, profits, and treble damages for violations involving armed forces members. This aligns with similar legislation in other states protecting against digital identity exploitation.
Official Source
Official Bill Text
View HB768 on official legislature website →
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