In the Trademark Lawyer: Protecting Voices and Likeness in the Era of AI

In an article for The Trademark Lawyer Magazine, partner Ian DiBernardo and associate Marcus Strong evaluate the infringement of voice and likeness in AI-generated works by reflecting on the recent controversy involving actor Scarlett Johansson and an OpenAI chatbot voice intended to imitate her, as well as a proposed class-action lawsuit brought by two voice actors against artificial-intelligence startup Lovo. The authors also consider proposed legislation intending to address these issues.

The article, entitled “Echoes of ethics: protecting voices and likeness in the era of AI,” noted that it is almost commonplace to see unauthorized “soundalike” music of Drake and Kendrick Lamar or facsimile performances of deceased performers like George Carlin appear online.

“More recently, however, voice products by generative AI companies such as OpenAI have raised questions about how these voices are created and whether they may be infringing on a lesser-known intellectual property right: the right of publicity,” they wrote.

“As generative AI product offerings advance, it will be useful to understand the claims being brought, other existing common law and statutory mechanisms to assert, and any other proposed legislation that seeks to address the same issues.”

Read the full article here.