> 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).
But they asked her first!:
"Last September, I received an offer from Sam Altman, who wanted to hire me to voice the current ChatGPT 4.0 system. He told me that he felt that by my voicing the system, I could bridge the gap between tech companies and creatives and help consumers to feel comfortable with the seismic shift concerning humans and Al. He said he felt that my voice would be comforting to people....
https://twitter.com/BobbyAllyn/status/1792679435701014908
So its: ask Johansson, get declined, ask casting directors for the type of voice actors they are interested in, listened to 400 voices, choose one that sounds like the actor, ask Johansson again, get declined again, publish with a reference to Johansson film, claim the voice has nothing todo with Johansson.
[EDIT] Actually it looks like they selected the Sky actor before they asked Johansson and claim that she would have been the 6th voice, its still hard to believe they didn't intend it to sound like the voice in her though:
https://openai.com/index/how-the-voices-for-chatgpt-were-cho...
Except it doesn't sound like Johansson, I don't know why people keep saying this. At best, the voice has a couple of similar characteristics, but I didn't think for one second that it was her. Can James Earl Jones sue if someone uses a voice actor with a deep voice?
Imagine being a potential future employer of the lesser known artist, would you dare hire her in the face that Johansson's lawyers might come after you?
Is this lesser known voice artist now doomed to find a job in a different sector?
Voice archetypes are much much older than Johansson, so by symmetry arguments, could those earlier in line sue Johansson in turn?
When a strong person is offered a job at the docks, but refuses, and if then later another strong person accepts the job, can the first one sue the employer for "finding another strong man"?
At some point the courts are being asked to uphold exceptionalist treatment and effectuate it on tax-payers dollars moving executive branches in case of non-compliance.
Right, it would be one thing if there was evidence that OpenAI asked the actress to imitate Johansson. But people are saying that using this voice actress at all without Johansson's permission shouldn't be legal, which is a bizarre claim. If someone thinks my voice sounds similar to a celebrities, now that celebrity owns my voice? In any other situation, everyone here would think such a standard would be completely outrageous.
(For what it's worth, I didn't find the Sky voice to sound anything like Scarlett Johannson personally)
Completely false. Even the journalists at the launch of "Sky" last year were singling it out of the batch of voices, and specifically asking OA about how it sounded like Johansson: https://www.washingtonpost.com/technology/2023/09/25/chatgpt...