Recent legal accusations by actress Scarlet Johansson & other voice actors emphasize the need for legal regulation in voice acting.

Artificial intelligence (AI) is rapidly transforming how we interact with technology. One area of particular growth is voice technology, with AI-powered voices becoming commonplace in virtual assistants, audiobooks, and even customer service applications. But this progress is accompanied by a growing legal gray area: the unauthorized use of a person's voice in AI.

The legal issues surrounding voice in AI are multifaceted. Copyright law plays a role, but often the more relevant concern is the Right of Publicity. This protects an individual's control over the commercial use of their likeness, including their voice.

Recent Legal Battles

The legal battles surrounding voice in AI are only just beginning. Two cases highlight the complexities:

Scarlett Johansson vs. OpenAI

Scarlett Johansson accused OpenAI of creating an AI voice for ChatGPT that sounded eerily similar to her. “When I heard the released demo, I was shocked, angered and in disbelief that Mr. Altman would pursue a voice that sounded so eerily similar to mine,” Johansson said. OpenAI later apologized and paused the voice mode named “Sky.” 

The controversy highlights the need to avoid deliberate mimicry of celebrity voices. While OpenAI’s intentions were not malicious, it underscores the importance of transparency and consent when using AI-generated voices.

LOVO’s Class Action Lawsuit

Voiceover actors Paul Skye Lehrman and Linnea Sage filed a class action lawsuit against AI startup LOVO. They claim LOVO misappropriated their voices and those of other celebrities, including Johansson, Ariana Grande, and Conan O’Brien. This case emphasizes the legal risks associated with using AI voices without proper authorization.

“LOVO purports to compensate voice actors,” Pollock Cohen attorneys Steve Cohen and Anna Menkova wrote in the complaint. “That may be true in some cases. But plaintiffs and other members of the class have received no revenue from the continued unauthorized use of their voices by LOVO and LOVO clients.”

Legal Issues Surrounding AI Voice Technology

Some of the key legal issues surrounding AI voice technology include:

Rights of Publicity

Performers have rights to their names, voices, and likenesses. These “rights of publicity” extend even post-mortem in many U.S. states, including New York. Unauthorized use of a performer’s voice could infringe on these rights. When an AI generates a voice that closely resembles a celebrity, it raises questions about whether the AI is exploiting their likeness without permission.

Consumer Protection Laws

Misleading advertising and “passing off” (presenting something as another) can lead to legal action. AI-generated voices must not deceive consumers or misrepresent products or services. For example, if an AI voice is used in a commercial without proper disclosure, it could violate consumer protection laws.

Guild and Union Agreements

Contracts between performers and studios often govern voice performances. These agreements outline compensation, exclusivity, and other terms. When AI-generated voices are used, studios and developers must consider whether they comply with existing contracts. If an AI voice mimics a unionized actor’s voice, it could lead to disputes.

The Future of Voice and the Law

These cases underscore the need for clearer legal frameworks surrounding voice use in AI. Some proposed solutions include:

• "Right of Voice" Legislation: Several US states are considering legislation that would grant individuals a specific "Right of Voice" alongside the Right of Publicity.

• Transparency and Disclosure: Requiring developers to be transparent about AI-generated voices and obtain proper licensing could be a step forward.

The unauthorized use of voice in AI presents a complex legal challenge. As AI technology continues to evolve, so too must the laws governing its use. By ensuring robust legal frameworks that protect individual rights while fostering innovation, we can navigate this uncharted territory and ensure the ethical development of voice AI.