Legal and Ethical Implications of AI Voice Generation: The Case of Scarlett Johansson and OpenAI

The legal situation surrounding AI voice generation technology, particularly in the case of Scarlett Johansson and OpenAI, involves several key issues:

Right of Publicity: This legal concept protects an individual’s control over the commercial use of their likeness, including their voice. Johansson’s case against OpenAI centers on the claim that an AI-generated voice used by ChatGPT sounded too similar to her own, potentially infringing on her right of publicity.

Intellectual Property Rights: Voice cloning technology raises concerns about intellectual property rights, especially when a voice closely resembles that of a celebrity. The legal question is whether such a voice constitutes an unauthorized use of the celebrity’s likeness.

Consumer Protection Laws: Misleading advertising and “passing off” (presenting something as another) can lead to legal action. If consumers are misled into believing that the AI voice is actually Johansson’s, it could be a violation of these laws.

Ethical Considerations: Beyond the legal implications, there’s an ethical debate about the use of AI to replicate human voices without consent, particularly when those voices are recognizable and associated with specific individuals.

In Johansson’s case, she has accused OpenAI of creating an AI voice for ChatGPT that sounded eerily similar to hers, despite her refusal to participate in the project. OpenAI has since paused the use of the voice mode named “Sky” and has been transparent about the process of selecting and sampling voices for ChatGPT.

The controversy has highlighted the need for clear guidelines and consent when using AI-generated voices and the potential for confusion or misrepresentation. It also underscores the importance of transparency from companies in communicating the origin and nature of the voices they use in their technologies.

This synopsis is based on the current understanding of the situation as of May 2024, and the legal landscape may evolve as more cases like this arise and as legislation catches up with the rapid advancements in AI technology.

Sources:

ElevenLabs AI Voice Generator & Text to Speech (TTS) service: Provides a platform for creating natural-sounding AI voices, which can be customized and used in various applications.

ElevenLabs Text to Speech API: Offers a fast and powerful API for generating AI voices in multiple languages, suitable for chatbots, agents, LLMs, websites, apps, and more.

OpenAI’s ChatGPT voice controversy: OpenAI paused the use of the “Sky” voice after concerns were raised about its similarity to Scarlett Johansson’s voice.

Scarlett Johansson’s reaction: Johansson expressed shock and anger over the similarity of the AI-generated voice to hers, especially after she had declined to lend her voice to the project.

OpenAI’s statement: OpenAI stated that the voice was not intended to mimic Johansson’s voice and was provided by a different professional actress using her own natural speaking voice.

Right of Publicity: Protects an individual’s control over the commercial use of their likeness, including their voice.

Intellectual Property Rights: Concerns about intellectual property rights when a voice closely resembles that of a celebrity.

Ethical Considerations: The ethical debate about the use of AI to replicate human voices without consent, particularly when those voices are recognizable and associated with specific individuals

Published by chadcherf

Chad grew up in a that family owned hotels, restaurants, a bar, and a catering venue. Some of his earliest memories were prying bottle caps out of floor mats on Saturday mornings. My mother, is the daughter or an immigrant Italian and Liquor Salesman. It was not uncommon, as a child, for the beautifully fragrant aroma of garlic to fill up the house in their marathon like daily cooking events. It was the merger of this influence that led to my love of food and the joy the Hospitality industry could bring to people. In my 20's I managed Fine Dining to Fast Casual Restaurants, nightclubs, sports bars, and Healthcare Dining while obtaining a comprehensive Hospitality centered education. At 30, I hung up the proverbial chef's hat. Having been in the first main stream generation raised with computer technology, I was fascinated by the role this was evolving to play in hospitality. Early adoptors of inventory, POS, reservation, and nutritional software had paved my youth, so it was a natural transition to move to rebranding myself. For the last 14 years I have been Selling, Implementing, Project Managing, and Strategic Planning, Point of Sale, Nutrition, Digital Display, and Reservation Technology. For the last 5 years I have been focusing on Hospitality technology in the Senior Living Space. There is an inherent passion here, because those parents that instilled my love of food service, will be that new baby boomer generation relying on technological innovation. They deserve the most dignified solutions I can create. Reach out to network with me.

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