This bill requires an individual or entity ("person") to include a disclosure on the following content when it is generated using A.I.:
(1) An image, video, or audio recording, including a song, using the likeness of another individual; or
(2) A piece of literature or other written work, including a news story, when the literature or other written work is written by an individual other than the individual listed as the author.
This bill requires the disclosure to be implemented prior to distribution of the content within this state and is required regardless of whether consent to create the content was given by the individual whose likeness or writing is depicted. The disclosure must also be included regardless of whether the content is distributed in the same form as it was generated or after modification by a person.
VIOLATIONS
This bill provides that if a person has reason to believe a violation of this bill has occurred or is occurring, then the person may bring a cause of action in a court of competent jurisdiction. If the court finds that a person distributed A.I.-generated content without the disclosure, then the court must issue an injunction and award to the prevailing party actual damages; punitive damages, if any; and reasonable attorneys' fees and court costs.
This bill also provides that a violation constitutes a violation of the Tennessee Consumer Protection Act of 1977. Specifically, a violation constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies as provided in that Act, in addition to the penalties and remedies in this bill. The attorney general has all of the investigative and enforcement authority that the attorney general has under that Act related to alleged violations of this bill. The attorney general may institute any proceedings involving alleged violations of this bill in Davidson County circuit or chancery court or any other venue otherwise permitted by law.
APPLICABILITY
This bill applies to conduct occurring on or after July 1, 2024.