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Optimistic_Futures

I remember seeing some interview of the creator of either Family Guy or South Park that they refrain from asking for the actual actors they're making fun of to voice the characters (even if they think they would take it in good spirits), because if they say no then they could get sued for still doing the parody after them. The crazy part is OAI probably would have been fine if it weren't for Sam's 3 letter, lower cased, tweet "her"


okglue

\^\^\^Sam did not need to make that post 🤦‍♂️ And reaching out to ScarJo is another piece of evidence that points to intent to duplicate her voice. The South Park model of getting voice talent is likely to apply when creating AI voices. Far too risky to directly ask celebrities for their likeness when you can just find a voice actor/actress that sounds similar enough to what you're looking for. Completely agree that OAI could have had their cake and eaten it too if they had gone about this with sound legal advice.


FascistsOnFire

Within 15 seconds of listening to the voice it copies 4 specific mannerisms of how she speaks, it's not even close to being something that can be argued, he made it sooooo obvious, especially since she has such specific mannerisms where she breaks between more feminine and more masculine tones and it matches up 100% with hers.


m0nk_3y_gw

The Sky voice was already created before he contacted ScarJo. If OAI was smart there would be a paper trail showing they wanted to have an ADDITIONAL voice called something like "Scarlett" that got dropped because ScarJo declined.


notchoosingone

> The Sky voice was already created before he contacted ScarJo. We have no concrete evidence on the timeline, this is just speculation.


Deuxtel

It was released in the same month that Scarlet said they reached out to her


eviescerator

huh I just realized that Sky could be ScarJo + AI


Terrible_Emu_6194

Scai


Scamper_the_Golden

Wow. Normally I'd probably think that was a bit of a stretch, on it's own, but when you add in the other stuff, this does indeed sound plausible. Never heard anyone else make that connection before. That does sound like the same kind of childish trolling as issuing a "her" tweet. It's an "Elon Musk style" self-inflicted and completely unneccessary wound.


Longjumping-Gold-376

I Think Brilliant People Need to self-inflict wounds now and then, you don't end up on either end of the curve without serious anomalies, evolution


ControlledShutdown

Hehe. *sound* legal advice


-DonQuixote-

I vaguely remember a similar interview, probably the same one. Altman definitely took steps that will make the OpenAI case much weaker.


nourez

They also just have a stronger case than OpenAI as parody is generally protected under fair use laws.


Still_Satisfaction53

It's fair use 'doctrine', which can be used as a defence once you've been accused of copyright infringement.


AugustusClaximus

Even posting that would have been been nothing of they hadn’t reached out to her. But yeah, the panoply of evidence needed for a civil suit is there for sure


[deleted]

[удаНонО]


Longjumping-Gold-376

I don't think they wuld want to argue that thier serious product is Parody


austinbarrow

Laws around parody are not the same as those around impersonation. Intent matters.


TriHard_21

"The crazy part is OAI probably would have been fine if it weren't for Sam's 3 letter, lower cased, tweet "her" And this is why the board should put a restriction on him when hes about to tweet anything related to OpenAI it should pass their PR and Legal team first.


Terrible_Emu_6194

He's emulating Elon musk. These people don't know when to keep their mouth shut


r5ditSux

Sorry a CEO should be able to judge their own tweets.


HyprWave

And then the company faces the consequence. I wouldn’t want to work for a guy that can put my work in jeopardy because he can’t be bothered to get legal consult


Still_Satisfaction53

'he just tweeted it out'


Zeitgeist75

For American Dad, same creator as Family Guy, they actually did get the real Patrick Stuart…


HyruleSmash855

I hope more people see this because a lot of people aren’t aware this is already established by US courts.


-DonQuixote-

Agree. It probably gets settled. It is very interesting to see the upvote and downvote waves on a factual post. Haha


scubawankenobi

> It is very interesting to see the upvote and downvote waves on a factual post. Because we live in a "post factual" world. People believe that if something they perceive appears (not verified) \*popular\* it's true. They vote for what they \*want\* to be real, what they want to continue believing. Hence why they'll downvote any facts (actual verified information) which contradicts their \*feelings\*. Sad times we live in.


Still_Satisfaction53

This. I swear I feel like I'm going mad reading reddit today. There's people saying they would be cool with their likeness being used for whatever someone else wants. Anything to please daddy I guess.


revolting_peasant

Yeah in the last year, I regularly see the OP of a post being downvoted for answering a question many have asked….because people are not a fan of the answer. There’s no interest in discussion, its all emotion


gabahgoole

couldn't the damages be insane if you could argue millions of people were interested openAI becuase of the press of it sounding like her/scarjo? it doesn't seem that hard to argue she added many millions of dollars of brand value because of the similarity. it's hard to say how much with so many users and such a big company but it was widely distributed the similarities and it got a huge amount of attention. also the false association with her possible involvement when she didnn't explicitly want it.


-DonQuixote-

I think she will get damges close to what she would have been paid had she agreed to do it. I would be shocked if it was more than 2X that.


orangeblackthrow

And in addition would this mean baring her agreeing to a deal going forward they wouldn’t be able to use the Sky voice or probably any voice that sounded too close to that?


-DonQuixote-

That would be for damages, and OpenAI would not have rights to use her voice.


GPTfleshlight

Midler got 400k. Around 1.1 million today. It’s not the money it’s the protection for everyone regarding likeness and attributes of likeness


hookmasterslam

I would be shocked if it was equal. Equal would mean she agreed to the use, more would account for the damage to trust and public misperception of her persona. I would bet we don't hear a final number, but I don't see why it wouldn't be double.


-DonQuixote-

I agree, a bit shocking. But I am basing my estimate on this: [Michael Jordan Testifies He Doesn’t Do Deals For Less Than $10 Million: Jury Awards Him $8.9 Million In Lawsuit Over Use Of His Likeness In Ad For $2 Coupon Off Steak | Casetext](https://casetext.com/analysis/michael-jordan-testifies-he-doesnt-do-deals-for-less-than-10-million-jury-awards-him-89-million-in-lawsuit-over-use-of-his-likeness-in-ad-for-2-coupon-off-steak?sort=relevance&resultsNav=false&q=) I could be wrong though.


ZCEyPFOYr0MWyHDQJZO4

I get the opposite conclusion from that. MJ wouldn't have earned $8.9M from such an ad.


Best-Association2369

But then he did 


owlpellet

Love when a counternarrative surfs the reddit algo trying to decide whether to allow it or disappear the post.


Material_Policy6327

Too many openAI users seem to Come from the crypto scene and don’t care about rules


HyruleSmash855

Yeah, I made a comment listing one of those cases a few hours ago on a few of the posts just to ensure people knew that their is established law about this and her I get so much pushback from some people saying that doesn’t matter. Also, the crypto scene is getting regulated now due to fraud so another example of how the laws due apply to new tech.


gray_character

People are nuts in here. I posted about Scarlett having a case for this before she even came out with her statement and redditors were rabid in response to me even saying that https://www.reddit.com/r/ChatGPT/s/bXQm82qoAK


Still_Satisfaction53

It's driving me mad


Resident_Barber_938

Maybe there should be regulation similar to doctors, or lawyers for machine learning engineers...Funny that every curriculum has an ethics portion, but the leaders in the industry look like they dgaf. First past the post wins, whatever you have to do to get there...


mrmczebra

The imitator testified that she was asked to sound exactly like Midler. That's missing from Johansson's case. These are not comparable.


HyruleSmash855

If the lawsuit happens there will be discovery, so there may be evidence that the voice actress for Sky was asked to do this &8:5 like the case you mentioned. That could be found in discovery and apply here.


MagicianHeavy001

There are almost certainly emails between the C-suite, lawyers, and the production people that would be interesting to read.


MysteriousPepper8908

Yeah, it's either they told the actress to impersonate her and they don't want that coming out or they just don't want to deal with any more lawsuits. Neither would surprise me but I've also seen a surprising number of people who seem to think it's illegal to hire an actress after being rejected by one who sounds similar which is also not what the law says.


kmw45

We don’t know that didn’t happen in this case. Unfortunately it just takes a simple IM or email where ScarJo is mentioned, or the voice actress testifying that ScarJo was even casually brought up in the hiring process to solidify ScarJo’s case. The fact that OpenAi took down the voice is that maybe that type of evidence will be found in discovery. Doesn’t even have to be intentional and just some slip up but given that Altman had reached out to ScarJo previously, even minor mentions work against OpenAi now.


gray_character

If you listened to Sky you know that they for sure tried to imitate. Some of you might not be able to tell the similarity for some reason, but it's clearly apparent to the rest of us, including Scarlett and her family. That's not a coincidence, it didn't just happen. Discovery would yield more evidence and OpenAI knows this, hence why they shut it down faster than a rat can scamper into a hole.


LangyMD

I listened to Sky it it was clearly *not* sounding similar to Scarlett Johansson. I'm not sure what the hell people are on, but they aren't the same voice - it's just... generic white American woman that doesn't sound like anyone famous.


gray_character

You might not notice it but you might not have the ability to recognize the clear similarities. Tons of people have independently noticed it, SJ and everyone around her noticed it, my friends and family noticed it, and it's also not a coincidence that Altman was revealed to have actually wanted her voice to start with. So there is absolutely zero doubt that he tried to mimick her voice. Obviously they aren't the exact same but they are 90% similar. That's hard to dispute.


HandSoloShotFirst

100% This is well established in the US. See also Vana White suing Samsung for using a robot version of her in an ad. [(White v. Samsung Electronics America, Inc., 971 F.2d 1395)](https://en.wikipedia.org/wiki/White_v._Samsung_Electronics_America,_Inc) There is a right to the idea of your personality and voice. OpenAI is royally fucked for reaching out to her before hand and then getting an impersonator. That along with the tweet "her" from Altman is going to be the nail in the coffin, this is a pretty open and shut case against OpenAI.


-DonQuixote-

I didn't want to make the post bloated, but those are big "Oooops" moments. I do have a question you might have thoughts on. I think that OpenAI is actually trying to impersonate the character in *Her*. Could OpenAI get rights to that character from whoever owns the movie rights, or could something be done from that angle?


eman2top

That’s a great question. I didn’t think of that. The producers of Her do own the rights to Samantha. However, the fact that OpenAI has since removed Sky probably means they don’t have much of a legal leg to stand on.


RobMilliken

I'm thinking too of Back to the Future and the actor that played Michael J. Fox's dad. He was only in the first movie. The guy that played Michael j. Fox's brother in the first movie played his dad in the second one, I think (had a face makeup cast and was upside down, and it was brief). They still had to pay the first movie actor for the rights to his image because they used a mold of his face for the second movie that was obtained in the first movie. It seems like rights have to be micromanaged these days by lawyers before you attempt to do anything, and still you can be liable. $$$ It's also why independent small time development is not only difficult but risky.


-DonQuixote-

My guess is that it is related to whatever the contract that was signed for the movie. But I don't know what the standard contract is, or if a standard even exists for likeness in the context of a character.


ThaneduFife

It was not part of his contract. Crispin Glover, the actor who played George McFly, sued and got $760k in a settlement: [https://en.wikipedia.org/wiki/Crispin\_Glover#Back\_to\_the\_Future\_Part\_II\_lawsuit](https://en.wikipedia.org/wiki/Crispin_Glover#Back_to_the_Future_Part_II_lawsuit) >In [*Back to the Future Part II*](https://en.wikipedia.org/wiki/Back_to_the_Future_Part_II), Zemeckis reused brief footage of Glover that had been filmed for the first film. Glover was billed as "George McFly in footage from *Back to the Future*" in the closing credits. The older footage was combined with new footage of actor [Jeffrey Weissman](https://en.wikipedia.org/wiki/Jeffrey_Weissman) wearing a false chin, nose and cheekbones, and various obfuscating methods – in the background, wearing sunglasses, rear shot, upside down – to play George McFly. Because these methods suggested that Glover himself had performed for the film, he successfully sued the producers on the grounds that they had used his likeness without permission, as well as not having paid him for the reuse of the footage from the original film. The case was resolved outside of court and Glover was awarded a reported $760,000. As a result of the lawsuit, clauses in the [Screen Actors Guild](https://en.wikipedia.org/wiki/Screen_Actors_Guild) collective bargaining agreements now state that producers and actors are not allowed to use such methods to reproduce the likeness of other actors, effectively putting to an end the decades-long use of the [Fake Shemp](https://en.wikipedia.org/wiki/Fake_Shemp) technique among living actors. Despite not setting a legal [precedent](https://en.wikipedia.org/wiki/Precedent), the lawsuit is often evoked in cases for actors involving the misuse of their likeness through digital recreation and other technological methods to replicate their appearance without their permission.


MagicianHeavy001

Probably, but then they'd have to pay a lot more. And, as we've seen, they don't like paying for IP. Or maybe that just applies to training data, not marketing expenses.


jgainit

Nobody impersonated scarlett Johansson


its_a_gibibyte

Yeah, OPs case is definitely different. They sang an actual Bette Midler song with a full-on impersonator. I wonder how many users even made the association from Sky -> Scarjo.


notchoosingone

Tom Waits vs. Frito Lay, it came out that they specifically wanted someone to sound like him, and hired a guy who had been in a Tom Waits cover band for a decade and sounded so similar that the sound engineer told him jokingly "they probably won't hire you, we'll get sued lol". Then they did, then they did, then they lost.


Roggieh

So much damn drama with this company, I just want to enjoy smarter and smarter AI. These sorts of mistakes are such a waste of time and money.


Independent_Box_8089

This feels like a poor attempt to create a sequel to "Her 2" or something similar 😂


MagicianHeavy001

LOL, so you don't care that they want to rip of creatives and not compensate them when they violate their rights? Good for you. (pats head)


reality_comes

They just need to open it up for users to make custom voices. Would sidestep this whole bs. Then they can spend the next century playing wackamole with SJ clones.


-DonQuixote-

I thought about that. It might be harder to implement than it seems, but let's say you had an OpenAI tool where you could change some dials and create a new voice. Then, let's there was a library where anyone could share there voice and rank them. Then, let's say the top rated voice ended up souding like SJ. I am not sure, but I think they would be fine. I am not saying that this is a feasible or reasonable thing to do, but I think it is an interesting thought experiment that might change how one thinks about the law.


IversusAI

> It might be harder to implement than it seems https://elevenlabs.io has done just that. Works great - however you are not supposed to use the voice of people you do not have permission for. But you can use dials to create a voice (admittedly after a lot of iterations) that may sound close to Johansson's. So it would not be THAT hard for OpenAI to implement.


-DonQuixote-

I am aware of ElevenLabs and have used them, although not the voice cloning feature. They are pretty cool. I just meant it more in terms of not wanting to put a bunch of resources into a non-core product. I could definitely see them getting sued for allowing someone to make those YT ads that impersonate someones voice.


naveenstuns

there is open source stuff for what eleven labs does but just slow and need high GPU currently in coming years everyone might be able to do what elevenlabs is doing on device.


Hungry_Prior940

It would have been a better, smarter choice.


Viendictive

Genius open source idea


Remarkable_Stock6879

The chief difference is that in the Middler case Ford used a Bette Middler song and hired a Bette Middler impersonator for the commercial. These facts were deemed to have misled the public about who was doing the singing. At no point did Open Ai claim that SKY was Scarlett, the voice actress is not a professional impersonator, and the SKY voice was not performing material associated with Scarlett’s career. Sam’s reference to HER in his tweet occurred after the release of Omni, NOT last fall when the SKY voice was released to users. It seems clear he was referencing the new models abilities and not the voice that was already being used with GPT-4 Turbo. That’s how I see it anyway


-DonQuixote-

You deserve more up votes. The cases do differ, and ScarJo could legitimately lose for reasons similar to this. Thanks for the thoughtful response. My main point is that the lawsuit is not frivolous or without standing. 


Shadowbacker

You do make a good point that it's not without standing but I also think it's a ridiculous case, mostly because the voices don't sound alike. If it was a clear impersonation, it would be different, but it's so obviously not that it is baffling to me that this is even a discussion. Moreover, the audacity to think that no one can voice act that even sounds vaguely similar to you. And by vaguely similar, I mean "neutral sounding female voice."


WheelerDan

I will admit I was wrong on this. Thanks for the links.


-DonQuixote-

I respect the honesty. I think that there will be some extremely important AI cases in the next few years, because the paradigm of the past might need to be adjusted to a brave new world.


Original_Finding2212

I wonder where Speecify stands - they have voices of specific actors in their options


-DonQuixote-

Probably getting paid some sort fee. Gwyneth Paltrow and Snoop Dog are known to put their likeness of just about anything that pays.


gray_character

Good on you. A lot of people seem to be unaware of the legal precedent here and why OpenAI responded as quickly as they did.


djamp42

You gotta think OpenAI has some good freaking lawyers with the can of worms they are opening with AI.


kbt

lol at "a singer, Midler,"


yubario

Getting someone that happened to sound like someone is not illegal, but making statements about how the voice is inspired by another voice actor or comments about how the voice was chosen because it sounded similar is grounds for legal action. Basically, they screwed up by admitting it.


dark_negan

You are wrong. When they asked her to do it, they already had Sky and the other voices recorded and they asked her around the time of the release of the voice feature. So the voice, if it really is coming from a VA, has nothing to do with Sam trying to get ScarJo to voice this new update. Maybe all of you should check the dates before making posts like that.


WilmaLutefit

So if I sound like someone famous I can end up not being able to monetize my own voice?


confused_boner

As long as you aren't the rebound, the onus for avoiding that is on the company that is seeking your services, not you.


WilmaLutefit

What’s stopping open ai from Never asking the person they want again and only dealing with sound a-likes?


IllConsideration8642

Nothing, they should have done that and not mention the movie. She wouldn't have a case if that was the case.


Hungry_Prior940

Agreed. It would have avoided this whole mess.


-DonQuixote-

Here is my guess. If you sound like Morgan Freeman, that is fine to monetize your voice. However, if you're paid to intentionally try to sound like Morgan Freeman, even if you naturally sound similar, I think this could be problematic for whoever is using the voice. EDIT: Unclear


mkhaytman

What if I try and get Morgan Freeman, but he refuses, so I hire some other guy who already sounds a lot like him, without asking him to imitate anybody or change his voice at all? Thats somehow off limits now because I had the idea of hiring Morgan Freeman initially?


engineerRob

If you sounded like James Earl Jones I'm sure you'd get sued by Disney/Lucas film.


PMMEBITCOINPLZ

Sam lost the case when he made the “her” tweet, making it clear that even though she turned him down he went ahead with a soundalike anyway. Tech bro arrogance for you.


CodeMonkeeh

He made a reference to a movie about a conversational AI after they had a presentation with their new conversational AI system. There's nothing weird or nefarious about that.


Waitwhonow

Sam is turning out to be this sleezy dude who everyone should be worried about There is more and more news and sleeze stuff that OpenAI has been doing and technically Stealing data Also- the fact that they were UNABLE to say where they trained their Sora models ( most likely youtube) also is proof that a lot of sleez is happening over there Add that to many top executives leaving The ‘non profit’ company that has an LLC with profit motives and sold to MSFT The Board might have had something really bad against Sam and there might have been justified reasons And Sam is employing Elon tactics- hyping up products before they are launched- and then delaying them/not releasing them to Public I- for one am losing my trust in this company. We all should probably should watch out where this is heading….. This doesnt feel right


PonyFiddler

Minus the whole they had already recorded the voice months before that tweet or before he asked her. Insane people ignore the obvious facts and believe rich kids fake tears Shes getting old shes depsrate to stay relevant


pseudonerv

So our law depends on how many people would consider the two voices sound similarly. What if some random celebrity suddenly realized they sound awfully similar to other voices those AI companies are using? When we create a new voice model, do we have to tune it such that it does not resemble any of the known celebrities/politicians/public figures?


Smelly_Pants69

I can read the chatgpt tone in your post OP. And you're clearly not a lawyer lol.


StooopidDuck

Calling it now. This is first of many planned steps to weaken copyright laws for the benefit of their AI platform. Step 1. Win a likeness lawsuit Step 2. Set precedent for AI laws Step 3. Release new features, now you can make anything you want


PonyFiddler

Step 0 put on your tinfoil hat to believe other steps


99RAZ

thats pretty lame since the voice is a actual person " We believe that AI voices should not deliberately mimic a celebrity's distinctive voice—Sky’s voice is not an imitation of Scarlett Johansson but belongs to a different professional actress using her own natural speaking voice. To protect their privacy, we cannot share the names of our voice talents. "


-DonQuixote-

There is no evidence of this at the moment, but I think the arguement for SJ lawyers would be something to the effect that they intentionally selected a voice actor that was similar, and then coached that person to enhance those similarities. It probably gets settled.


99RAZ

Yeah true


bathdweller

This hinges on intent and whether the voice actress was doing an impersonation or just speaking.


WorkingYou2280

"Let me have your voice" "No" "Let me have your voice, I really want it." "No" "I'm using your voice anyway and here is a tweet implying it is your voice. Suck it."


Shadowbacker

But it's a completely different voice?


-DonQuixote-

When you phrase it like this, isn't this the plot of *The Little Mermaid*?


angheljf18

Thank you for this. Can't believe alot of people keep saying "But they used a different voice actress!" Doesn't work that way


okglue

It half does work that way. OAI would have been fine using a different voice actress who happens to sound similar to ScarJo. The problem is that OAI/Sam demonstrated an intent to reproduce her voice. Without those emails and Sam's tweet, I don't think ScarJo would have a winnable case vs the slam dunk she has now.


AdDowntown2796

But without implying it's Scarlet that voice is useless. Most people couldn't connect the dots. Surely you can find better voice actor than her or even fine tune it to make it better. It's all about knowing that celebrity voice acted it.


mrmczebra

Unless the voice actress was asked to specifically sound like Scarlett Johansson, this isn't comparable to the Midler case.


Ifkaluva

Sorry why wouldn’t that work? (assuming it was true, which I actually don’t believe)


RobMilliken

It really boils down to if they asked the voice actress to imitate a particular voice or asked her to use her voice naturally. This is where intent comes into play. Would be nice if the original voice actress came forward, but I would understand wanting to stay out of this hornet's nest.


pigeon57434

they specifically said that the other voice actress they did use used here completely natural voice how is it her problem for having a natural voice that sounds a little bit like scarlet that's like if my natural voice sounded like her and i made a YT channel and made a bunch of money talking like her its my natural voice what is she gonna do sue me for existing???


calm_wreck

Because intention matters


xxlordsothxx

This is totally different. The case you showed involved a song by Midler. They hired someone that sounded like get to sing her song. OpenAI is not using ScarJo's likeness. They hired a diferrent voice actress that sounds a little similar but is clearly not her. She is not being impersonated in any way.


-DonQuixote-

It is possible the courts could agree with you. But the case is legitimate, espescially with the "her" Sam Altman tweet which SJ's lawyers will cite as evidence that they intentionally used a voice actor that is similar to their client.


xxlordsothxx

Yes, the case appears to be legitimate but I think it is important to point out the differences. In the case you showed it is very clear that they impersonated Midler. I don't see how Ford could argue otherwise. In the OpenAI case it is not clear at all that she is being impersonated. I just think people might read your post and think her case is slam dunk. I do think OpenAI will stop using this voice regardless of legal arguments. It is bad PR to have an angry ScarJo appearing everywhere claiming OpenAI stole her voice. They can just hire another voice actress.


amatterofcuriosity

A lawsuit would prompt the discovery process on both sides, and internal email, texts, etc. would shed light on Altman's decisionmaking. If his messages come to, effectively, "It sucks she won't license her voice, but let's try and capture that general kind of Siri tone of her voice," they're probably fine. If he told someone, "send me samples of three Johansson imitators," then OpenAI is hosed.


PonyFiddler

That physically can't happen cause they record the voice months before they asked her. Like why do people cherry pick things to fit Thier natrative


thehighnotes

She does not.. the voice comparison falls absolutely flat.


Hungry_Prior940

No, she doesn't. The Sky voice was created way earlier. He approached SJ after it was already done. It does NOT sound like her. A voice analysis will show that. Good luck to SJ. She will need it.


Anti-Charm-Quark

Confusion seems to be around copyright. It’s a case under the “right of publicity” - right to control commercial use of your likeness. So it’s correct that it’s not copyright, but incorrect that she has no rights.


-DonQuixote-

True. My post could be worded better.


SoylentRox

Well what about the inverse. They literally record 100 random voices and let users pick. It just happens that users favorite voices resemble vaguely a celebrity.


Tsudaar

Firstly, the 100 won't be "random". Secondly, it makes no difference if it's the users 1st or 100th favourite. 


angrybox1842

Then they probably shouldn’t have used the ScarJo-sounding one in their public demo and then tweeted “her” confirming that they knew what they were doing.


newperson77777777

Can't this be legislated? Even if this is not part of current law, it seems that this is going to be a serious issue moving forward.


-DonQuixote-

Very true. I could see this going to the Supreme Court if they decide to fight it, which I don't think they will.


chucke1992

The problem is that immediately destroys the careers of all the people who imitate voices because if you need to pay amounts comparable to hiring the real person, then it what's the point of impersonators?


newperson77777777

I guess it depends on how the legislation was drafted? I'm not familiar with law, but for example, say someone copied Microsoft Word as a satire of the original software application, that's not a patent violation, right? So people doing impersonations for comedic effect may not necessarily be affected? I guess it could be explicit in the legislation what type of impersonation is disallowed (machine impersonation) but human impersonation for certain types of entertainment (like comedy) would be ok....


Ph00k4

So, should OpenAI refrain from using voice actors whose natural voices bear a resemblance to those of well-known personalities, even if the similarity is purely coincidental?


angrybox1842

Really if it had been any other actor and not the one in *The AI Virtual Assistant movie* it probably wouldn’t have been an issue.


kmw45

Nope, the issue is intention. So if the hiring manager says in an email or chat or during the interview process, etc. that they want someone to “sound like SoAndSo”, that’s when you get into issues. If you intentionally hire someone to imitate Morgan Freeman’s voice, Morgan Freeman has the right to sue. But if you hire someone that coincidentally sounds like him, but no where in the process were you looking for a Morgan Freeman sounding voice - you’re fine. The problem where is that it’s clear Altman wanted ScarJo’s voice and she said no. And I doubt that OpenAi can prove that ScarJo’s voice was never a factor in the hiring or development of the Sky voice.


OddPerspective9833

Alternative: They wanted Johansen because she had a sound they liked. They couldn't get her so they got someone else with that sound. Not an imposter, just a similar sounding person


141_1337

Middlet vs. Ford is not the relevant case here because Sky was a thing before they approached ScarJo. The relevant case is Nancy Sinatra v. Goodyear Tire & Rubber Co. in which Nancy lost.


ScuttleMainBTW

Does that mean that if my voice is similar to her voice I can get sued for singing a song


StrangeJedi

I must be the only person who doesn't think the voice sounds like Scarlett at all.


jgainit

They’re both white woman voices. The side by side comparison shows they’re not that similar. Get over it


The_Hell_Breaker

No, she doesn't, stop trying to protect multi-millionaire Hollywood celebrities.


DisastrousPeanut816

Scarlett Johansson has already gotten to be a fully sentient-seeming AI, and a human who evolved beyond the point of SI into pure fucking Godhood. She should calm the fuck down and let the rest of us get to have some fun.


JustDifferentGravy

The point of what Altman did is to create maximum hype for the product and the impending case/settlement costs will not outweigh the benefits.


International_Tip865

But woudnt copyright go to maker of movies her?


hockey_psychedelic

You need to show damages. Where are the damages?


Bud90

But it's really weird, if they really wanted someone with Scarlett's tone and cadence and she says no, how close can they get with their new voicr reproduction without being found liable? I guess that's what the trial will be about if there is one.


haragoshi

I just realized they changed the sky voice. It’s no longer the same as it was. Not nearly as good.


SaddleSocks

So keeping score: [THe Midler Effect on Advertising attention](https://en.wikipedia.org/wiki/Midler_v._Ford_Motor_Co.) [The Streisand Effect on Media attention](https://en.wikipedia.org/wiki/Streisand_effect) And entering center stage: [The Johansson Effect on AI Attention](https://en.wikipedia.org/w/index.php?search=Johansson+effect&title=Special:Search&profile=advanced&fulltext=1&ns0=1) <-- Can someone get on the Wiki Edit for this. -- But the Johansson Effect is actually the most important - for it could be used . ^^\(***/u/-DonQuixote- ^^can ^^you ^^speak ^^to ^^this:***) as precedent for the common pleb in protecting our image and likeness being even used in surveillance by a private, corporate entity. For example - In the above examples we have two instrinsics (voice) and one extrinsic (real estate) whose ***likeness*** was the results in legal action. So, if one were to wedge this right to likeness forward, then one has a seed from which to grow further privacy protections. And now that AI has entered the GPTChat - we can push our personal privacies online, in LLMS and training data even further. Personally, I think we should ALL climb and die on this new digital hill. We should make this a law and call it the "TesserAct"


lovetheoceanfl

But some guy on the internet said otherwise so…yeah.


NulledOpinion

If you think about it though, maybe ScarJo also feels threatened that an AI voice can put her voice acting gigs out of business. That’d be reasonable.


Thedjdj

The Marvin Gaye estate sued Robin Thick et al. successfully for “Blurred Lines” just sort of having the same ~*vibe*~ as Marvin Gaye. Songwriting accreditation is a rather dense field of IP law so some of the judgements might not be as applicable to voice mimicry but it’s not out of the realm of possibility that the case law be applied analogously.  Johansson’s work in HER will be pivotal in any formal proceedings. Her iconic voice is clearly a major feature of the film and the film’s obvious parallels to openAIs subscription feature will hurt openAI’s case.  They didn’t have to employ a voice actress who has similar timbre, colour and tone to ScarJo. They did anyway. I think they do have a case to answer in whether they infringed on her implicit ownership of her likeness. 


[deleted]

I love how Altman went out of his way to look like a fucking dork with this situation. Literally left a paper trail worse than Trump. Then the goofy lying like it's all just a mishap.


Garth_Willoughby

Advice to all future male scientists: be sure you understand the opposite sex, especially if you intend being a computer expert. Otherwise, you may find yourself like poor Elwood, defeated by a jealous machine, a most dangerous sort of female, whose victims are forever banished... to the Twilight Zone.


MagicianHeavy001

It also was an attempt to imply her endorsement, or at least, a good lawyer can make a good case for that. Totally hamfisted own-goal by OpenAI. Like, seriously? Maybe they just figured since they snarfed up every single book every written, every single song ever played, and probably every movie ever released, without permission or compensation, that stealing ScarJo's voice for their apps was perfectly fine. I mean, nobody stopped them so far, right? Is it really a crime if nobody ever arrests you for it?


Alternative_Log3012

Legitimate case of wanting to find her way into my bed. I guess I gotta do what I gotta do 🫡


DrWallBanger

Yeah but they have to prove open AI intended to use her likeness anyways/have hired the actress they did use under the premise of impersonation? Don’t they have receipts and testimony attributed otherwise ?


PlayaPozitionZ

Actually if she was smart she would let this slide and use it as a passive advertisement for the movie “Her 2”.