George Rebane
The ethics of AI is currently a hotly debated topic. The high tech companies are congratulating each other about practicing ‘high standards’ in that arena. Today’s little ethics dust devil involves Scarlett Johansson in which she “rebukes OpenAI over ‘eerily similar’ ChatGPT voice”. (here and here) The real problems in the use of such audios and videos, which can easily recognized to be like, similar to, or the same as known public personages will not involve ethics so much as questions of what exactly is considered as the intellectual property (IP) of an individual whose videos and speech are available every day in the public domain.
OpenAI asked for and did not receive permission to use Ms Johansson’s voice in their new AI assistant, but went ahead and lifted her ‘voice’ (actually her unique formants or frequency dependent speech building blocks) from available videos and films. These were slightly modified, but not enough for the human ear to be confused and not recognize the speaker. Ms Johansson objected and lawyered up; OpenAI pulled her voice from their product.
Similar things are happening in videos in which publicly recognized characters can be inserted into scenes which are slightly modified, but still recognizable as the intended person. So the big questions going forward will be 1) what really are the IP boundaries of a person whose unique ‘persona parameters’ are captured and/or displayed daily in the public media, and 2) what are the sufficient metrics that characterize modifications so that the purveyor of such products can remain ‘litigation proof’.
Successfully answering these questions will open up new business and revenue possibilities for both producers of entertainment and advertising media as well as for those fortunates whose likenesses still have value or can be resurrected. Nevertheless, today’s actors are already signing agreements that anticipate the use of their likenesses after their current job is over or after they die. (more here) Of course, in this coming brave new world the opportunities for fraud will be endless, and launch yet another age of full employment for lawyers.


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