Someone from OpenAi hired the agency who hired the voice talent (or talents) for the voice data. They sent them a brief explaining what they are looking for, followed by a metric ton of correspondence over samples and contracts and such.
If anywhere during those written communications anyone wrote “we are looking for a ScarlettJ imitator”, or words to that effect, that is not good for OpenAI. Similarly if they were selecting between options and someone wrote that one sample is more Johansson than an other. Or if anyone at any point asked if they should clear the rights to the voice with Johansson.
Those are the discovery findings which can sink such a defense.
So it’s legal to hire someone who sounds like SJ. And likely legal to create a model that sounds like her. But there will likely need to be some disclaimer saying it’s not her voice.
I expect that OpenAI’s defense will be something like “We wanted SJ. She said no, so we made a voice that sounded like her but wasn’t her.” It will be interesting to see what happens.
It will come down to what makes the complaining celebrity's voice iconic, which for Scarjo is the 'gravelly' bit. Which smooth Sky had none of.
[1] actress reading poem: https://www.youtube.com/watch?v=eWEEAjRFJKc
Ok? What materials would you suspect discovery can uncover from Scarlett or her team?
> was recast to someone more SoCal in post-production
Was recast to Scarlett Johansson. Hardly a good argument if you want to argue that her voice is not unique.
Are you arguing that Her performance is not the resembling factor here but simply the natural voice of ScarJo at rest, disregarding Her?
What you recall also doesn't sound correct given right of publicity laws.
But I experience lots of ads with impersonators so maybe they just aren’t sued enough.
Also, Jack Nicholson never stopped Christian Slater from acting, so there must be some room for impersonation.