On May 16, 2024, voiceover actors Paul Skye Lehrman and Linnea Sage spearheaded a class action lawsuit against AI startup, Lovo, Inc. Lerman and Sage allege that Lovo unlawfully used their voices for its AI software, which generates an artificial dictation of text prompts. The complaint asserts that the actors’ intellectual property rights were violated in tandem with a violation of the Lanham Act, a federal trademark statute intended to prevent trademark infringement and false advertising. The New York based suit sets forth eight causes of action: (1) violation of New York Civil Rights Law Sections 50, 51, (2) deceptive acts and practices, (3) false advertising, (4) unfair competition and false affiliation, (5) false advertising, (6) unjust enrichment, (7) tortious interference with advantageous business relationship, and (8) fraud.
According to Lovo’s website, the technology is the “most realistic AI text to speech” with “500+ voices in 100 languages” that allows its users – primarily companies – to create an artificially generated narration of any text prompt. The subscription-based service purports to grant users full commercial rights to the speech, despite claims that Lovo does not legally own the rights to these voices and has not entered into an agreement with SAG-AFTRA to protect the rights and contracts of actors. These 500+ voices were generated using the works of real voice actors, meaning their voice – their most significant asset – is being sold without proper compensation or consent. Many of these actors, namely the Plaintiffs, were unaware of their voices being used by Lovo.
The lawsuit is among the first to seek damages against an AI firm for the misappropriation of actors’ voices. As AI technology becomes more accessible, its low-cost threatens traditional services like voice-acting, which requires myriad compensatory payments to actors and their unions. The suit seeks to award its Plaintiffs and the Class damages exceeding $5,000,000.
Scarlett Johansson is threatening similar legal action against Open.AI’s alleged imitation of her voice for its new system “Sky.” This threat comes after Johansson refused to license her voice to Open.AI despite the recently released Sky demo using a voice virtually identical to her own. Given the recent plethora of controversy surrounding artificial intelligence, there is a need for sweeping protections to minimize intellectual property infringements.
With attorneys committed to innovative solutions, PLG is well positioned to protect the intellectual property of its clients.
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