The landmark case of Midler v. Ford Motor Co. (1988) established the right of a celebrity to control the commercial use of their distinctive voice. The rise of artificial intelligence (AI) has presented new challenges regarding the use of a person’s likeness.
Recently, OpenAI was accused of using a voice that sounded like Scarlett Johansson — but did so without her permission.
Like the case involving Bette Midler in 1988, this situation is also one of a celebrity’s right of publicity. For this assignment, post your answers to the following questions in the forum:
Discussion Questions:
Does the concept of “distinctiveness” apply to the situation with Johansson and OpenAI in the same way as it did with Bette Midler’s case against Ford Motor Company? If so, how? If not, why?
What are the key legal arguments that Midler used to win her case? If Johansson were to sue OpenAI under a right of publicity claim, would the same arguments apply? If yes, why? If no, why?
What are the potential ethical implications of using AI to replicate a person’s likeness and voice?