In a product demo last week, OpenAI showcased a synthetic but expressive voice for ChatGPT called “Sky” that reminded many viewers of the flirty AI girlfriend Samantha played by Scarlett Johansson in the 2013 film Her. One of those viewers was Johansson herself, who promptly hired legal counsel and sent letters to OpenAI demanding an explanation, according to a statement released later. In response, the company on Sunday halted use of Sky and published a blog post insisting that it “is not an imitation of Scarlett Johansson but belongs to a different professional actress using her own natural speaking voice.”
Johansson’s statement, released Monday, said she was “shocked, angered, and in disbelief” by OpenAI’s demo using a voice she called “so eerily similar to mine that my closest friends and news outlets could not tell the difference.” Johansson revealed that she had turned down a request last year from the company’s CEO, Sam Altman, to voice ChatGPT and that he had reached out again two days before last week’s demo in an attempt to change her mind.
It’s unclear if Johansson plans to take additional legal action against OpenAI. Her counsel on the dispute with OpenAI is John Berlinski, a partner at Los Angeles law firm Bird Marella, who represented her in a lawsuit against Disney claiming breach of contract, settled in 2021. (OpenAI’s outside counsel working on this matter is Wilson Sonsini Goodrich & Rosati partner David Kramer, who is based in Silicon Valley and has defended Google and YouTube on copyright infringement cases.) If Johansson does pursue a claim against OpenAI, some intellectual property experts suspect it could focus on “right of publicity” laws, which protect people from having their name or likeness used without authorization.
James Grimmelmann, a professor of digital and internet law at Cornell University, believes Johansson could have a good case. “You can't imitate someone else's distinctive voice to sell stuff,” he says. OpenAI declined to comment for this story, but yesterday released a statement from Altman claiming Sky “was never intended to resemble” the star, adding, “We are sorry to Ms. Johansson that we didn’t communicate better.”
Johansson’s dispute with OpenAI drew notice in part because the company is embroiled in a number of lawsuits brought by artists and writers. They allege that the company breached copyright by using creative work to train AI models without first obtaining permission. But copyright law would be unlikely to play a role for Johansson, as one cannot copyright a voice. “It would be right of publicity,” says Brian L. Frye, a professor at the University of Kentucky’s College of Law focusing on intellectual property. “She’d have no other claims.”
Several lawyers WIRED spoke with said a case Bette Midler brought against Ford Motor Company and its advertising agency Young & Rubicam in the late 1980s provides a legal precedent. After turning down the ad agency’s offers to perform one of her songs in a car commercial, Midler sued when the company hired one of her backup singers to impersonate her sound. “Ford was basically trying to profit from using her voice,” says Jennifer E. Rothman, a law professor at the University of Pennsylvania, who wrote a 2018 book called The Right of Publicity: Privacy Reimagined for a Public World. “Even though they didn't literally use her voice, they were instructing someone to sing in a confusingly similar manner to Midler.”