OpenAI could face significant legal challenges from Scarlett Johansson because the ChatGPT voice known as Sky bears a striking resemblance to her voice.
CANNES, FRANCE - MAY 23: Scarlett Johansson attends the "Asteroid City" red carpet during the 76th annual Cannes film festival at Palais des Festivals on May 23, 2023 in Cannes, France. Andreas Rentz/Getty Images
Scarlett Johansson's Potential Actions Against OpenAI
Scarlett Johansson might leverage California's right to publicity laws to prevent further use of the Sky voice.
The Verge reported that the situation is further complicated by OpenAI's Chief Executive Officer Sam Altman acknowledging the similarities, a point that intellectual property lawyers believe could strengthen Johansson's case.
Purvi Patel Albers, a partner at Haynes Boone specializing in trademarks and copyright, indicated that Johansson has several legal avenues available, with case law likely supporting her claims.
Following the recent demo of ChatGPT updates, many noted that the AI assistant's voice closely mirrors Johansson's, particularly reminiscent of her role as an AI assistant in the film "Her."
According to Albers, partner at the law firm Haynes Boone, Johansson and other celebrities have the option to invoke the right to publicity laws.
These laws safeguard an individual's identifiable characteristics from unauthorized use. Albers explains that misusing a person's name, likeness, or voice without permission could constitute a violation of their right to publicity.
Celebrity Cases Shaping AI Voice Cloning Litigation
Celebrities have previously won cases over similar-sounding voices in commercials. In 1988, Bette Midler sued Ford for hiring one of her backup singers for an ad and instructing her to "sound as much as possible like the Bette Midler record." Midler had refused to be in the commercial.
That same year, Tom Waits sued Frito-Lay for voice misappropriation after the company's ad agency got someone to imitate Waits for a parody of his song in a Doritos commercial. Both cases, filed in California courts, were decided in the celebrities' favor.
Christian Mammen, a partner at Womble Bond Dickinson who specializes in intellectual property law, says Midler and Waits' wins have clear implications for AI voice clones. In such cases, celebrities must typically demonstrate that their voice or other recognizable attributes function as unregistered trademarks.
They need to show that by mimicking these features, consumers might mistakenly associate them with the promoted product, even if they aren't actually involved. This requires pinpointing what makes their voice "distinctive," a task potentially simpler for a celebrity who has portrayed an AI assistant in an Oscar-winning film.
Complicating matters is the absence of a federal right to publicity law, as regulations vary by state, with some states lacking such laws entirely. California, where OpenAI is based, doesn't specifically address digital replicas like AI-generated voices in its statutes.
However, California law does protect a living person's voice from unauthorized commercial use, stating that using a person's "identity," which includes their voice, face, or name, could breach these protections.
Despite this, Johansson has not filed a lawsuit against OpenAI but has retained legal representation. However, she disclosed that she had appointed lawyers to send letters to OpenAI, demanding an explanation regarding the creation of the Sky voice. She noted that OpenAI had earlier requested her to lend her voice to the assistant, an offer she had turned down.
Altman may have inadvertently exacerbated the situation. During the company's recent event, Altman cryptically posted the word "her" on X, seemingly alluding to the resemblance between the demo and the portrayal in the film.
