Why OpenAI should fear a Scarlett Johansson lawsuit

From CNN: 2024-05-22 11:38:00

Scarlett Johansson may sue OpenAI for creating an AI voice assistant similar to her performance in “Her.” Legal experts suggest she may have a strong case under California’s right-of-publicity laws. Previous cases involving Bette Midler and Tom Waits suggest OpenAI may face significant damages if challenged in court. OpenAI denies using Johansson’s actual voice but admits to using a sound-alike actress. The company’s intent and messaging surrounding the launch of the AI assistant could play a crucial role in any potential lawsuit.

OpenAI released the ChatGPT AI assistant, Sky, which many compared to Scarlett Johansson’s voice after she declined to voice the character. OpenAI’s CEO, Sam Altman, claims they had cast the voice actor before reaching out to Johansson. Johansson alleges OpenAI tried to create an association between Sky and her character from “Her.” Legal experts believe OpenAI’s messaging and intent could be key in determining liability in any potential lawsuit.

California’s right-of-publicity laws protect against the unauthorized use of an individual’s likeness for profit. Previous cases involving Bette Midler and Tom Waits suggest that OpenAI may be liable if Scarlett Johansson decides to sue. Legal experts say OpenAI’s messaging surrounding the release of the AI assistant, Sky, could be used against them in court. The situation exposes the need for greater industry oversight and protections for creators in the AI space.



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