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this post was submitted on 21 May 2024
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Lemmy is gonna lemmy.
There isn't any evidence that they used her voice for the "Sky" voice model. Actually, there is evidence that they paid a voice actress to model that specific actress's voice.
That actress sounds similar to Scarlett, but it isn't Scarlett's voice. Is that illegal? No. Is it grounds for a suit? maybe. Will Scarlett win? Maybe.
Let's put it another way. If you wanted to record an audio book, but you wanted the voice actor to have certain qualities that you think would help your book sell. You think Scarlett has all of those qualities, so you ask her if she would record it for you. She declines.
Well shit, that sucks. But wait! She's not the only person with those vocal qualities. I am sure you can find someone else with very similar qualities. So you hire another voice actress that has all of those--which coincidentally and very understandable sounds a lot like Scarlett. But it isn't Scarlett.
Everyone wants to say "big corp bad!" here, but if they truly didn't use Scarlett's voice and didn't do any sort of manipulation to make it sound more like Scarlett, then why CANT they do it. I get that Scarlett is upset, but she's basically mad that someone sounds like her--and decided to work for OpenAI.
If I wanted James Earl Jones to read my eulogy, but he isn't available or is unwilling. Why couldn't I get someone to sound like him to read it? Why should he be able to sue me for using a voice actor that sounds similar to him?
There is evidence they wanted to use Johansson’s voice, because they asked to use her voice. Both OpenAI and Johansson have acknowledged this.
As far as I know, OpenAI has said they hired a voice actor before approaching Johansson, but refuses to offer additional information to corroborate.
After failing to secure Johansson to lend her voice to Sky - which is portrayed as having not just a very similar voice, but a very similar personality to Sam - the OpenAI team made several references to the Her movie prior to the announcement.
Similar voices happen. But when all of those other pieces align, it’s fairly clear that they’re copying the character. Focusing on only the voice being similar is reductive. They are committing IP theft and they’re attempting to confer approval/endorsement/a relationship of/to the Sky personality from the people involved in the Her movie.
They might not want to give that actress's identity out out of a respect for privacy. This information could come out in a closed court room, but with the state of viral social media, it might be smart to hold off on unveiling for now.
I don't know what their motivation is, but I definitely hope they protect the identity of the voice actress. If her name gets out, it's basically guaranteed her life would suck for a while.
If she's like 99% of actors, she's someone just struggling to get work, who's lucky if she can afford to rent an apartment without roommates. If her name got out, she's almost certainly have to deal with death threats, stalkers, etc. Rich celebrities can deal with that kind of attention because they have the money to hire security people, PR people, lawyers, etc. Some random voice actor is not going to have those resources.
Sure, bud
And that’s both fine and valid.
If an actor was hired, I could see them being treated as a scab or not being offered roles - perhaps because they agreed to take a job that they had no idea would be used in such a way, or with no idea that a controversy would emerge.
I am dubious, though. It seems that OpenAI pulled the voice shortly after Johansson’s legal team requested information about how the Sky voice was created.
It’s a fair assumption that I’m biased - and I am. I’m not the biggest fan of ‘big tech.’ So perhaps I’m not as objective as others.
But I think the voice actor part is still minor. It’s not just the voice, it’s the character, and all the references to the movie, which I think were intended to deceive consumers and create false sense of endorsement.
Or maybe not, maybe it’s that Sam Altman is a man-child with a crush on Johansson. He’s openly said that Her is his favorite movie, and it’s not a leap to see a CEO cowing his staff into bad decisions.
They are copying the fictional movie character… the voice is a real person and their is precedent that explicitly impersonating a voice is ip theft.
But a fictional personality and a voice that has similar features? I really hope this does settle in court.
Ironically, a similarity to a real, live person without an agenda is not a legal problem unless there’s an implied endorsement from the person. (Which I think was one of the goals here.)
But characters in movies and books are subject to copyright and are considered the intellectual property of the rights holders.
So like, if I wrote a book about Wolverine and used other Marvel X-men, Marvel could sue the shit out of me. Or if I used AI to create Hugh Jackman (as Wolverine) to endorse my bandaid product line, I could also be sued by both Jackman and Marvel.
I think it’s obvious here that Sky was intended to represent Sam from Her, and is almost certainly trained on her voice data (which is copywritten). After a few days thought however, I’m less certain of the argument this could be seen as a false endorsement scheme, since Johansson isn’t mentioned anywhere. (Despite the character being solely played by her, and the numerous attempts to have Johansson work on the project in an official capacity.)