- OpenAI approached Scarlett last fall, and she refused.
- Two days before the GPT-4o launch, they contacted her agent and asked that she reconsider. (Two days! This means they already had everything they needed to ship the product with Scarlett’s cloned voice.)
- Not receiving a response, OpenAI demos the product anyway, with Sam tweeting “her” in reference to Scarlett’s film.
- When Scarlett’s counsel asked for an explanation of how the “Sky” voice was created, OpenAI yanked the voice from their product line.
Perhaps Sam’s next tweet should read “red-handed”.
Don't hear any arguments on how this is fair-use. (It isn't)
Why? Because everyone (including OpenAI) knows it clearly isn't fair-use even after pulling the voice.
> Why?
Because it's a right of personality issue, not copyright, and there is no fair use exception (the definition of the tort is already limited to a subset of commercial use which makes the Constitutional limitation that fair use addresses in copyright not relevant, and there is no statutory fair use exception to liability under the right of personality.)