Ownership Rights Over Your Personal Voice Recordings
In a groundbreaking decision, a court in Beijing ruled that the voice of audiobook narrator "Mrs. Yin" was violated, marking a significant milestone in the ongoing debate about the use of artificial intelligence (AI) and personal rights.
The case stems from a YouTuber who used Mrs. Yin's voice in his commercial videos, a move that was met with legal consequences. Despite the YouTuber's argument that he had simply chosen an existing voice from a software and paid licensing fees, the court did not accept this defense. The court also rejected the defense of freedom of satire due to the commercial nature of the videos.
The YouTuber could potentially sue the voice provider for damages, but the court held him liable, ordering an injunction, 4,000 euros in fictitious licensing fees, and the defendant bearing the court costs. The court also imposed a hefty fine of 250,000 RMB (around $34,500 USD) in damages.
Meanwhile, in a separate development, several voice actors sued AI startup LOVO in May 2024, alleging that their voices, including those of celebrities like Ariana Grande and Scarlett Johansson, were used without consent and for profit. The lawsuit continues, with the plaintiffs unable to rely on the "general right to personality" or prove how LOVO trained the AI with their voices. However, the lawsuit continues because LOVO broke a contract and may have violated individual rights to personality.
The case against LOVO highlights the importance of consent and transparency in the use of AI-generated voices. While LOVO offers over 180 natural voices in 34 languages primarily for marketing and personalized voice synthesis, no specific cases of unauthorized use of famous voices are documented.
The message from courts in Berlin, Beijing, and New York is clear: the voice belongs to the person and is part of one's identity and a valuable asset. Whoever uses it must ask, pay, and label.
In a similar vein, the Berlin Regional Court II ruled that Manfred Lehmann's digital voice is protected under the general right to privacy. Germany lacks precedents for postmortem protection of voices, but in the US, first laws are in place to prevent digital doubles of famous voices from being used without permission for advertising or films.
The ruling states that a significant part of the violation of Manfred Lehmann's right to privacy lies in the fact that the cloned voice was not identified as such. This underscores the need for clear labelling and transparency in the use of AI-generated voices.
Within the EU, there is a 70-year copyright protection for the works of an artist, calculated from the day of death. It is unclear if spoken language by a voice actor is considered a "work".
The rise of AI in language realms, such as Elevenlabs, presents a threat to jobs in the realm of language. As AI continues to evolve, it is crucial to establish clear guidelines and regulations to protect the rights of voice actors and maintain the integrity of the creative industry.
The case of Mrs. Yin, Manfred Lehmann, and the ongoing lawsuit against LOVO serve as reminders that the use of AI-generated voices must be approached with caution and respect for personal rights. As AI continues to become more prevalent, it is essential to ensure that it is used ethically and responsibly.
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