Since then, tracks that use AI-synthesized voices to imitate famous artists have flooded streaming services and social media, triggering a fierce debate among artists, industry executives and fans alike. Universal Music Group fired back,on the responsibility of platforms to protect artists from such exploitation.
In the UK, there is no codified law of publicity rights. Instead, a patchwork of statute, common law, intellectual property rights and privacy protections need to be considered to protect a person’s “image.”Most relevant to unauthorized emulation of an artist’s voice using AI technology is the tort “passing off.
Notably, the First Circuit and New York courts had at one point rejected extending New York’s statutory right of publicity law to cover soundalikes. But “voice” has since been added to New York’s private cause of action for a violation of the right of publicity, although it was not added to the criminal arm of the statute.
Should a false endorsement claim prove successful under the Lanham Act, remedies could include injunctions, actual damages, defendant’s profits attributable to the violation, costs of the action and, in exceptional cases, recovery of attorney’s fees. This divergence in rights between artist and label may also leave labels exposed. Can artists circumvent their exclusive recording agreements or re-record restrictions by releasing or licensing new versions of their existing recordings created by third parties using AI soundalike tools? Expect to see new clauses in recording agreements prohibiting artists from authorizing soundalikes, but this would not apply to catalog recordings.