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1. Aunche+(OP)[view] [source] 2024-05-23 14:04:44
I don't think the mannerisms of a performance something that's copyrightable though. It sounded like they used a voice actor who was instructed to speak with a similar intonation as Her, but Scarlet Johansson's voice is more raspy, whereas Sky just sounds like a generic valley girl.
replies(3): >>monoca+r8 >>rst+M8 >>dragon+GS
2. monoca+r8[view] [source] 2024-05-23 14:48:10
>>Aunche+(OP)
Copyright isn't at issue here; it's instead likeness rights.
3. rst+M8[view] [source] 2024-05-23 14:49:40
>>Aunche+(OP)
For a case to the contrary: Midler v. Ford -- a case in which Ford hired one of Bette Midler's ex-backup singers to duplicate one of her performances for an ad (after trying and failing to get Midler herself). Ford never said this was actually Midler -- and it wasn't -- but Midler still sued and won. https://law.justia.com/cases/federal/appellate-courts/F2/849...
replies(1): >>BillTt+Dn
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4. BillTt+Dn[view] [source] [discussion] 2024-05-23 15:58:59
>>rst+M8
Ford gave explicit instructions to imitate a copyrighted performance. Because that specific recording as owned by a record studio.

If you can describe a woman's voice and mannerisms and the result sounds similar to a copyrighted performance, that is natural circumstance.

If you want an example of purposefully imitating something with a copyright, look at GNU. Anyone who looked at the UNIX code was realistically prevented from writing their own kernel with similar functions. But if a handful of folks describe what the kernel ended up doing and some <random> guy in his own head comes up with some C code and assembly to do end up with the same high level functions, well thats just fine, even if you include the original name.

The details matter. There is absolutely enough vocal difference, it doesn't take an audiologist to hear the two voices do sound different but very close. It would not be hard for the producers to describe "a" voice and that description would overlap heavily with ScarJo, and wow the marketing team reached out to see if she would attempt to fill the existing requirements. When she said no, they found a suitable alternative. If the intent was to have ScarJo do the voice and she said no and they did it anyways, thats illegal.

replies(2): >>count+3u >>gs17+VS
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5. count+3u[view] [source] [discussion] 2024-05-23 16:31:45
>>BillTt+Dn
Off topic to the thread and your point, but are you confusing GNU with the Compaq BIOS reverse engineer and reimplementation? I hadn't heard this story about GNU (and what kernel)?
6. dragon+GS[view] [source] 2024-05-23 18:42:10
>>Aunche+(OP)
> I don’t think the mannerisms of a performance something that’s copyrightable though.

Yes, this discussion is about right of publicity, not copyright.

Copyright is not the whole of the law.

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7. gs17+VS[view] [source] [discussion] 2024-05-23 18:43:23
>>BillTt+Dn
> Ford gave explicit instructions to imitate a copyrighted performance.

That case isn't copyright law, Ford had obtained rights to use the song itself.

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