Studios and producers can now create believable and identifiable artificial voice performances by training AI using prior recordings of well-known performers as source material. As this technology moves further into mainstream use, there will be several legal issues that rights-holders will need to consider and navigate.
Much of the discussion around the legal issues raised by use of AI in entertainment has been about the creation of "original" works using AI and the applicability of the copyright laws to prevent copyright-protected work from being used to assist in the creation of simulated voice performances. However, there are other legal issues regarding the use of generative AI voice technology, including:
- The rights of performers in the use of their names, voices, and likenesses-their so-called "rights of publicity" (which publicity rights now exist post-mortem in numerous U.S. states, including New York).
- The law relating to consumers' rights, such as the tort of "passing off" and similar actions relating to false and misleading advertising and the like.
- The relevant guild and union agreements applying to such performances and the contractual language of performers' agreements.
New Voice Performances From Retired or Deceased Performers
A high-profile instance of an AI voice creation that has navigated key legal issues is the use of James Earl Jones' voice in futureStar Warsfilms and TV shows. With Jones' agreement, Ukraine-based company Respeecher is manufacturing voice performances for Disney's future use for the character of Darth Vader. A third-party actor performs the role for the new shows, it is recorded, and then the actor's performance is converted to simulate the sound of Jones' characterization and voice in the role he debuted in 1977. Jones at 91 is retired from acting, but he (and later his estate) can still be remunerated for his unique contributions to the role.
Performers (and their lawyers) should now pay attention to publicity rights in the context of estate planning, including specifically the right to permit others to simulate their voice and performances (as well as use of their name and likeness). A performer should consider not only to whom they want to leave the financial benefit relating to these rights, but also to whom they wish to give the approval rights on such use (perhaps a trusted talent agent or other representative different from the financial beneficiaries).
This approach could be valuable not only in films and television, podcasts, audiobooks, documentaries, and radio, but also in video games where certain actors' voices have become identified with particular characters in important game franchises.
Creating Voice Performances That Performers' Schedules Would Not Otherwise Permit
Respeecher is also involved in having a star create an advertising endorsement campaign for a chain of stores, in which the producer/advertising agency wanted voice-overs from the star personalized for each individual store in the chain. They used generative AI for the individualized advertising messages, allowing the star to record one ad but also appear in (and be paid for) numerous individualized ads for each store in the chain. The possibilities for this use are significant, especially for celebrity performers, such as in social media and personalized messages for fans.
Use of AI Voice Tech to Dub Performances in Languages an Actor Does Not Speak
To date, territorial distributors have used actors fluent in applicable local languages to dub the original language performances of actors in such films and TV shows. Certain dubbing actors' voices have become identified in their home countries as the voice of known stars (e.g., Robert Chevalier, the "official" Italian voice of Tom Cruise and Tom Hanks). In many countries, the public is used to such famous actors sounding like the voices of their designated and approved dubbing actors, and problems arise if those identifiable dubbing actors retire or die. Now, with the new Al technology, a third-party Italian actor can perform the lines in Italian, and it can be simulated to sound like Tom Cruise speaking Italian. Alternatively, if the studios want, they can simulate the sound of the voice of the "Italian Tom Cruise" speaking the lines (even after the dubbing actor passes away). Increasingly with this remarkable new technology we expect audiences will prefer a soundalike of the original actor speaking the local language to a dubbing actor.
In response to this new AI voice technology, we expect to see revisions in clauses in performers' contracts relating to the studio's right to dub both in the original language and in foreign languages to expressly allow AI voice dubbing and simulations for the original production and ancillary uses and the right to use it for voice simulations in future productions. Star performers already regularly negotiate limited "one picture" use language and insist on the first right to dub in their native language and other languages in which they are fluent, and they often restrict merchandising use of their voice (and name and likeness) and in any other ancillary uses like soundtrack albums. Artist representatives will need to give such language even greater scrutiny in the AI-enabled future for all actors. We also expect unions and guilds to seek more approvals, restrictions, protections, and additional minimum payments for AI use. Foreign unions will probably seek to protect their dubbing actors' jobs. When using a current version of this voice AI, an actor is needed to do the initial performances in the foreign language, the prominence of that role is reduced, and the number of actors needed may also be reduced. In the future perhaps the need for the foreign actors will be eradicated entirely by technological advances.
If you create and release a recording that misleads someone into thinking it is the real voice of a performer or celebrity, it may constitute "passing off" and/or infringement of false or misleading advertising laws. Anyone using a sound-alike generated by AI should work with legal counsel as to how to make clear that it is not an original or authentic recording of the original artist or actor and to make sure they have the appropriate informed consents of all necessary parties.
Because this is a future that is still being written and contains many unknowns, consulting with experienced legal counsel is key to navigating issues before and as they arise.
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