In a recent headline grabber, Hollywood A-lister Scarlett Johansson locked horns with OpenAI, a leading artificial intelligence research company. The cause of the clash? A voice in OpenAI's ChatGPT product that allegedly sounds uncannily similar to Johansson, despite her refusal to lend her voice to the project.
The Backstory: A Rejected Offer and an Eerie Resemblance
OpenAI founder Sam Altman, a self-proclaimed fan of Johansson's work in the 2013 film "Her," reportedly approached her in September 2023 to voice ChatGPT's text-to-speech feature. Johansson declined. However, nine months later, when ChatGPT launched its voice mode, one of the options triggered outrage from the actress. The voice, named Sky, sounded so much like Johansson herself that even her closest friends mistook it for her.
The Voice: Can it be IP Protected?
Johansson's case raises a crucial question for South African artists with distinctive voices: can your voice be copyrighted or protected under personality rights? The answer is nuanced.
Traditionally, copyright protects creative expression in a tangible form. Your unique singing voice captured in a recording might be copyrightable. However, a spoken voice, especially in everyday conversation, might be difficult to classify as a creative work.
Personality Rights and the Voice: A Blurred Line
South Africa recognizes personality rights, which give you control over the commercial use of your name, image, or likeness. This could potentially extend to your voice, particularly if it's highly distinctive and readily identifiable with you.
In Johansson's case, the argument hinges on whether Sky's voice is so similar to hers that it creates a false association with her, essentially impersonating her. This could be a violation of her personality rights.
The legal battle hinges on how widely recognizable Johansson's voice truly is. While pleasant and familiar, it might not be as unique as other celebrity voices.
The Lexington [Cigarette] Example: A Voice as a Trademark
Those of you who grew up in the era when cigarettes ads were allowed in the media will remember the Lexington ads. The Lexington ads featured a voice so distinct and memorable that it transcended the spoken word and became a cultural touchstone. This level of distinctiveness can be argued as a form of trademark, blurring the lines between voice and brand identity.
*The reference to the Lexington Steel advertisement in this article is for illustrative purposes only and is not intended to be an endorsement of the product or cigarette smoking in general. The advertisement is used solely to highlight the concept of a highly recognizable voice within the context of intellectual property rights. We strongly discourage cigarette smoking due to the associated health risks.
Learning from Johansson: Protecting Your Voice with Contracts
The Johansson case serves as a cautionary tale. Here's what South African artists, with unique or recognizable voices, can do to safeguard themselves through contractual measures:
Negotiate Voice Licensing Agreements: When approached for voice-related projects, explore voice licensing agreements that clearly define the scope of use, duration, and territory for your voice.
Specify "Do Not Mimic" Clauses: Consider including clauses prohibiting the creation of AI voices that mimic your voice beyond a certain threshold of similarity.
Maintain Approval Rights Over Voice Synthesis: Negotiate for approval rights over the final synthesized voice product before it's commercially launched.
Beyond Contracts: Additional Safeguards
Be Mindful of Voice Recordings: Consider how and where you allow your voice to be recorded, especially in commercial contexts.
Review Contracts Carefully: Before endorsing products or services that involve your voice, ensure contracts clearly define usage rights.
Seek Legal Counsel: If you suspect your voice is being misused commercially, consult an intellectual property lawyer specializing in digital media.
The Future of AI and Artist Rights
As AI technology advances, the legal landscape surrounding voice and other aspects of our identity will likely evolve. By understanding the spectrum of voice recognizability and taking proactive measures, South African artists can navigate this evolving landscape and protect their unique vocal identities.
This article provides general information and shouldn't be considered legal advice. It's always best to consult with a qualified intellectual property lawyer for specific situations.
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