- 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”.
"Midler was asked to sing a famous song of hers for the commercial and refused. Subsequently, the company hired a voice-impersonator of Midler and carried on with using the song for the commercial, since it had been approved by the copyright-holder. Midler's image and likeness were not used in the commercial but many claimed the voice used sounded impeccably like Midler's."
As a casual mostly observer of AI, even I was aware of this precedent
In tech we’re used to IP law. In entertainment, there is unsurprisingly a whole area of case law on image and likeness.
Tech will need to understand this—and the areas of domain specific case law in many, many other fields—if AI is really to be adopted by the entire world.