> Mitch Glazier, the chief executive of the Recording Industry Association of America, said that Johansson may have a strong case against OpenAI if she brings forth a lawsuit.
> He compared Johansson’s case to one brought by the singer Bette Midler against the Ford Motor Co. in the 1980s. Ford asked Midler to use her voice in ads. After she declined, Ford hired an impersonator. A U.S. appellate court ruled in Midler’s favor, indicating her voice was protected against unauthorized use.
> But Mark Humphrey, a partner and intellectual property lawyer at Mitchell, Silberberg and Knupp, said any potential jury probably would have to assess whether Sky’s voice is identifiable as Johansson.
> Several factors go against OpenAI, he said, namely Altman’s tweet and his outreach to Johansson in September and May. “It just begs the question: It’s like, if you use a different person, there was no intent for it to sound like Scarlett Johansson. Why are you reaching out to her two days before?” he said. “That would have to be explained.”
* A.K.A. "Personality rights": https://en.m.wikipedia.org/wiki/Personality_rights
> Ford Motor created an ad campaign for the Mercury Sable that specifically was meant to inspire nostalgic sentiments through the use of famous songs from the 1970s sung by their original artists. When the original artists refused to accept, impersonators were used to sing the original songs for the commercials. 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. [1]
If you ask an artist to sing a famous song of hers, she says no, and you get someone else to impersonate her, that gets you in hot water.
If you (perhaps because you are savvy) go to some unknown voice actress, have her record a voice for your chatbot, later go to a famous actress known for one time playing a chatbot in a movie, and are declined, you are in a much better position. The tweet is still a thorn in OA's side, of course, but that's not likely to be determinative IMO (IAAL).
It's not just a random "voice for your chatbot", it's that particularly breathy, chatty, voice that she performed for the movie.
I would agree with you completely if they'd created a completely different voice. Even if they'd impersonated a different famous actress. But it's the fact that Her was about an AI, and this is an AI, and the voices are identical. It's clearly an impersonation of her work.
Did she? The article claims that:
1. Multiple people agree that the casting call mentioned nothing about SJ/her
2. The voice actress claims she was not given instructions to imitate SJ/her
3. The actress's natural voice sounds identical to the AI-generated Sky voice
I don't personally think it's anywhere near "identical" to SJ's voice. It seems most likely to me that they noticed the similarity in concept afterwards and wanted to try to capitalize on it (hence later contacting SJ), opposed to the other way around.
So your theory is that this was completely coincidental. But after the voice was recorded, they thought, "Wow, it sounds just like the voice of the computer in Her! We should contact that actress and capitalize on it!"
That's what you're going with? It doesn't make sense, to me.
Now listen to SJ's Samantha in Her and the first thing you'll notice are the voice breaks and that they break to a higher register with a distinct breathy sound, it's clearly falsetto. SJ seems to have this habit in her normal speaking voice as well but it's not as exaggerated and seems more accidental. Her voice is very much in her head or mask. The biggest commonality I can hear is that they both have a sibilant S and their regional accents are pretty close.