As of October 1, 2024, with few exceptions, most users of Chat GPT can choose from nine different voices to relay their AI-generated responses. “Sol” is a “savvy and relaxed” female voice, whereas Arbor is an “easygoing and versatile” British lad. Seven more voices give users a variety of options. Who’s missing? “Sky,” formerly featured but pulled due to its alleged similarity to actor Scarlett Johansson.
Scarlett Johansson threatened to pursue legal action after alleging OpenAI copied her voice without her consent. Johansson maintains that Sam Altman, OpenAI’s CEO, asked her to voice a chatbot and imitated her voice when she turned his offer down. In this dispute, Johansson alleges OpenAI has used her likeness without her consent.
OpenAI maintains it hired a voice actor for “Sky,” one of the available chatbot voices, and that she was not attempting to imitate Johansson’s voice. Further, OpenAI states the voice of the “Sky” chatbot is the actress’s normal speaking voice, and she was hired when OpenAI attempted to contact Johansson. For now, OpenAI has halted the use of the “Sky” chatbot.
Can A Voice Be Copyrighted?
In Midler v. Ford Motor Co., the Ninth Circuit Court of Appeals held that “[a] voice is not copyrightable.” The court notes this protection is not afforded to a voice because it is not “fixed,” as required by the Copyright Act (17 U.S.C. § 102(a)). Thus, imitating a voice is not protected by copyright unless that voice is recorded or fixed.
Sound recordings are copyrightable under 17 U.S.C. § 102(a)(7). There is a limitation, however, on the ability to exercise these rights. For a sound recording, the exclusive right to public performance of the work is limited to “digital audio transmission.” 17 U.S.C. § 106(6). Thus, voice actors can enforce their exclusive right to reproduce, make derivative works, and digitally transmit sound recordings. See 17 U.S.C.§ 106.
This differs, however, if a sound recording falls within work “made for hire” under 17 U.S.C. § 101. A “work made for hire” is created when a work is “specially ordered or commissioned for use… as a part of a motion picture or other audiovisual work… if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.” 17 U.S.C. § 101. For voice actors, this means if it is within their contract that their sound recording is a work made for hire, their exclusive rights under the Copyright Act will belong to their employer.
What Is Voice Misappropriation?
Although the court did not find a voice copyrightable in Midler, it did find that using a voice actor to imitate Bette Midler’s voice constituted misappropriation of her voice. The Midler court sets out a test to determine whether a celebrity’s likeness has been misappropriated. According to the court, misappropriation occurs if a celebrity’s voice is distinct, widely known, and deliberately imitated. Thus, a voice actor could pursue voice misappropriation if their voice is distinct and widely known.
Is There Statutory Protection?
On October 12, 2023, Congress announced a proposed bill, the Nurture Originals, Foster Art, and Keep Entertainment Safe Act (NO FAKES Act). This proposed bill provides individuals better protection for their voice and likeness against unauthorized A.I. use. Under this bill, a voice actor would have federal recourse when AI uses or imitates their voice without their consent. The bill was introduced to the Senate on July 31, 2024, and referred to the Committee on the Judiciary.
If your voice has been used without your consent, contact Griffith Barbee in Dallas, Texas, today to see how we can help.
