The Right of Publicity and Scarlett Johannson’s response to ChatGPT Sky voice
Details and context matter in Right of Publicity analysis. As a brief summary, OpenAI recently released its ChatGPT 4.0 with a chatbot voice (“Sky”) which Scarlett Johannson says is “eerily similar” to hers. We don’t know how the situation may get resolved, but the Right of Publicity provides a response. Apparently, an offer was made by OpenAI for Johannson to voice the ChatGPT 4.0 chat bot. Johannson declined. It may have seemed like a natural fit due to Johannson’s role in the movie Her in which she was the voice of an AI system. Perhaps that fit was so natural that on May 13, 2024 in proximity to the release, Sam Altman issued a one-word tweet: “her.” Past negotiations and this tweet could be the subject of considerable attention, as an example of why “details and context matter” when it comes to the Right of Publicity. The company has denied that Sky was meant to sound like Johannson, but these details could possibly indicate otherwise.
Here is a link to one of numerous articles providing more details: Scarlett Johannson ChatGPT voice that sounded like her
Sources for NO FAKES Act Congressional hearing
On April 30, 2024, a Congressional hearing on the NO FAKES Act took place with testimony from various perspectives. The NO FAKES Act is primarily concerned with AI and technological sources creating digital versions of real people, living or deceased, and creating new works or other potential uses of those digital recreations. Below is a compilation of sources reporting on the hearing:
ELVIS Act amends Tennessee Right of Publicity law with AI provisions
Tennessee’s Right of Publicity statute has been amended to provide broader provisions against artificial intelligence. Specifically, the amendment fortifies the concept of voice and the vulnerabilities AI could take advantage of if left unchecked.
Here is a link to the amendment: Tennessee ELVIS Act amendment
And here is a link to the Recording Academy’s announcement:
Recording Academy ELVIS Act announcement
Two disturbing AI situations involving the Right of Publicity of George Carlin and Taylor Swift
I would hope that both of the stories breaking yesterday, one involving George Carlin’s estate and the other involving Taylor Swift, would find universal support in favor of the Right of Publicity.
Carlin: George Carlin estate sues over AI comedy special
Taylor Swift: Taylor Swift and AI images
The Right of Publicity and NO FAKES bill
A recently introduced bipartisan Senate bill aims to hold AI and deepfake creators liable for unauthorized use of a person’s likeness. It sounds like a good idea, though Right of Publicity statutes already accomplish this objective. Perhaps a bill specifically addressing these particularly-concerning, technology-based uses could serve a purpose, but it should be considered, and drafted, with existing Right of Publicity statutes in mind. Here’s a link to one article of many covering the bill: NO FAKES bill
SCOTUS Prince ruling against fair use in Goldsmith Andy Warhol case may connect to upcoming AI issues
As has been well-documented, the United States Supreme Court recently ruled in favor of photographer Lynn Goldsmith in finding that Andy Warhol’s Prince series was not a transformative use of Goldsmith’s photograph under fair use analysis. As it pertains more directly to the Right of Publicity, it is interesting to note that in Comedy III, Warhol’s Marilyn was the cited example of a transformative work. Be that as it may, in light of fast-developing discussions pertaining to Artificial Intelligence (AI), the SCOTUS Warhol ruling may provide support for the argument that AI creative output is a derivative work of the original. We’ll see.
Recent AI and deep-fake activity
Not that it needs to be demonstrated, but recent AI and deep-fake developments further demonstrate the need for meaningful Right of Publicity recognition.
AI-generated a “new” song presented as Drake and the Weeknd. Read more on this link: AI Drake the Weeknd song
Deep-fake technology is taking centerstage in a recently filed suit in California. Read more on this link: Kyland Young et. al. v. Neocortext Inc.