San Francisco, California – OpenAI may face legal repercussions for creating a ChatGPT voice that bears a striking resemblance to Scarlett Johansson, whether intentional or not. The company’s CEO referencing these similarities has only added fuel to the fire, according to intellectual property lawyers.
Experts in trademarks and copyright law emphasize that Johansson and other celebrities have legal grounds to take action against such unauthorized use of their likeness or voice. Past lawsuits involving celebrity voice clones have set a precedent for potential legal challenges in this case.
After unveiling updates to ChatGPT, OpenAI sparked discussions and headlines highlighting the similarity of the AI assistant’s voice, named Sky, to Johansson’s portrayal of an AI assistant in the movie “Her.”
In instances where celebrities prove that their voice or other identifying features serve as unregistered trademarks, they may have a strong case against companies using imitations without permission. This could potentially link the celebrity to the product being promoted, even if they are not directly involved.
One of the key challenges in these cases is the lack of federal right to publicity laws, as state laws vary in their protection of individuals’ likeness. For example, New York grants individuals control over the commercial use of their personal characteristics, while California specifically safeguards a living person’s voice from unauthorized commercial use.
While Johansson has not taken legal action against OpenAI, she has sought legal counsel to inquire about the creation of the Sky voice. OpenAI maintains that the resemblance to Johansson was not intentional, but consumers had already noted the similarities during the demonstration.
Even though OpenAI did not explicitly mention Johansson, CEO Sam Altman’s references to “Her” at a recent event further suggest a connection to the film portrayal, potentially fueling public perception regarding the imitation.
OpenAI has since removed the voice of Sky, temporarily addressing Johansson’s concerns. However, if the voice is reintroduced and still resembles the actor, it could reignite the legal dispute. Intellectual property experts question the motives behind OpenAI’s decision, considering Johansson’s history of advocating for her rights and legal protections.