Politics
Blackburn campaign clip may test Tennessee’s protections for artists’ likenesses
A social-media video shared by Tennessee gubernatorial nominee Marsha Blackburn uses AI-generated depictions of her and other state Republicans alongside Kendrick Lamar’s music and choreography. An entertainment attorney says the campaign-related post could raise questions under Tennessee’s ELVIS Act, depending on whether Lamar authorized the use.
NASHVILLE, Tenn. — A social-media video shared by U.S. Sen. Marsha Blackburn, the Republican nominee for Tennessee governor, is prompting questions about how the state’s law protecting artists from unauthorized AI use applies to political campaigns.
The clip, posted Oct. 13, appears to use artificial intelligence to depict Blackburn, U.S. Reps. Tim Burchett and Bill Hagerty, state Sen. Brent Taylor and former Knox County Mayor Glenn Jacobs. The figures lip-sync to Kendrick Lamar’s “Not Like Us” and perform choreography associated with his 2025 Super Bowl halftime show.
The post encouraged Tennesseans to vote ahead of early voting, which began Oct. 14, with the caption “Tomorrow. Ready to roll.” Blackburn said a county commissioner made the video, Burchett reposted it and she shared it as a lighthearted way to encourage voting.
Kaley Bonett, an entertainment attorney with Nashville-based Hall Booth Smith, said the video could raise concerns under the Ensuring Likeness Voice and Image Security Act, known as the ELVIS Act. Tennessee enacted the law in 2024 to protect musicians’ voices and likenesses from unauthorized AI-generated use.
Bonett said the song’s recognizable vocals and the use of choreography associated with Lamar’s performance could be relevant. She said the law’s commercial-purpose requirement also matters: the question could turn on whether Lamar gave permission to use the music, image or likeness and whether the video qualifies as a campaign advertisement or other commercial use.
Blackburn previously defended Tennessee’s authority to regulate AI, including the ELVIS Act. In 2025, she argued against a proposed moratorium that would prevent states from adopting AI laws.
Democratic gubernatorial nominee Jerri Green criticized the video on X, saying campaigns should avoid using AI. Green said she considers the technology harmful to the environment and called the clip tasteless. She said her campaign instead hires local artists and creates its own content.
Blackburn’s office had not responded to a request for comment, and Lamar’s representatives had not responded to an inquiry, as of Oct. 15.