Why OpenAI Should Fear a Scarlett Johansson Lawsuit
Scarlett Johansson may be on the verge of suing OpenAI over the creation of a voice assistant eerily similar to her character in the 2013 film “Her.” Johansson claims OpenAI tried to hire her to voice an AI assistant for ChatGPT, and when she declined, the company proceeded with a sound-alike. This move has put OpenAI and its CEO, Sam Altman, in the potential legal crosshairs.
Legal experts suggest Johansson has a strong case if she decides to sue, based on past legal precedents that could lead to significant repercussions for OpenAI. This situation underscores the need for stricter oversight in the AI industry and better protections for creators.
OpenAI’s Legal Predicament
Two primary areas of law could come into play: copyright law and right-of-publicity law. While OpenAI claims not to have used Johansson’s actual voice and instead employed a different actress, the right-of-publicity law could still be a significant threat. This law protects individuals’ likenesses from being used without permission for commercial purposes.
Johansson could argue that OpenAI illegally monetized her identity by making users believe she voiced the assistant. Legal precedent supports this claim, notably the cases involving Bette Midler and Tom Waits, where both won lawsuits for the unauthorized commercial use of their voice likenesses.
Right-of-Publicity Laws
California’s right-of-publicity laws, among the strongest in the U.S., prohibit the unauthorized use of anyone’s “name, voice, signature, photograph, or likeness” for commercial purposes. Johansson could claim OpenAI used her likeness to promote the assistant, misleading users about her involvement.
Even if OpenAI argues that its promotional videos weren’t advertisements, the intent behind using a voice similar to Johansson’s could be difficult to defend. Legal experts point out that OpenAI’s public hints about the assistant resembling Johansson’s character from “Her” could weaken their defense.
Precedents and Legal Outcomes
In a landmark 1988 case, Bette Midler won a lawsuit against Ford Motor Company for using a sound-alike in an ad. Similarly, Tom Waits won $2.6 million in damages from Frito-Lay for using a voice imitator in a Doritos commercial. These cases illustrate how courts have protected artists’ rights against unauthorized commercial use of their likenesses.
Johansson’s potential lawsuit could hinge on whether OpenAI intended to mimic her voice, despite using a different actress. OpenAI’s public statements and promotional strategies could play a crucial role in the legal outcome.
The Broader Implications
Johansson’s case highlights the broader challenges of protecting rights in the age of AI. While California’s law offers some protection, not all states have similar legislation. This inconsistency underscores the need for a federal right-of-publicity law.
Some tech companies, like Adobe, are advocating for legislation like the FAIR Act to create federal protections against AI impersonation. This would address concerns about AI displacing creators’ economic livelihoods and ensure responsible innovation.
Legislative Efforts
Lawmakers are working on various proposals to address AI-related issues, such as the NO FAKES Act, aimed at protecting creators. However, these proposals have their own challenges and potential unintended consequences, particularly concerning free expression and posthumous rights.
The ongoing debate in Congress reflects the complexities of AI regulation and the need for comprehensive solutions to protect creators while fostering technological innovation.
In summary, Johansson’s potential lawsuit against OpenAI could set a significant precedent in the legal landscape of AI, highlighting the urgent need for clearer regulations and protections for creators’ rights.
