Comment by gnicholas

2 years ago

The Midler case is readily distinguishable. From Wikipedia:

> Ford Motor created an ad campaign for the Mercury Sable that specifically was meant to inspire nostalgic sentiments through the use of famous songs from the 1970s sung by their original artists. When the original artists refused to accept, impersonators were used to sing the original songs for the commercials. Midler was asked to sing a famous song of hers for the commercial and refused. Subsequently, the company hired a voice-impersonator of Midler and carried on with using the song for the commercial, since it had been approved by the copyright-holder. [1]

If you ask an artist to sing a famous song of hers, she says no, and you get someone else to impersonate her, that gets you in hot water.

If you (perhaps because you are savvy) go to some unknown voice actress, have her record a voice for your chatbot, later go to a famous actress known for one time playing a chatbot in a movie, and are declined, you are in a much better position. The tweet is still a thorn in OA's side, of course, but that's not likely to be determinative IMO (IAAL).

1: https://en.wikipedia.org/wiki/Midler_v._Ford_Motor_Co.

> later go to a famous actress known for one time playing a chatbot in a movie, and are declined, you are in a much better position

But they asked her first!:

"Last September, I received an offer from Sam Altman, who wanted to hire me to voice the current ChatGPT 4.0 system. He told me that he felt that by my voicing the system, I could bridge the gap between tech companies and creatives and help consumers to feel comfortable with the seismic shift concerning humans and Al. He said he felt that my voice would be comforting to people....

https://twitter.com/BobbyAllyn/status/1792679435701014908

So its: ask Johansson, get declined, ask casting directors for the type of voice actors they are interested in, listened to 400 voices, choose one that sounds like the actor, ask Johansson again, get declined again, publish with a reference to Johansson film, claim the voice has nothing todo with Johansson.

[EDIT] Actually it looks like they selected the Sky actor before they asked Johansson and claim that she would have been the 6th voice, its still hard to believe they didn't intend it to sound like the voice in her though:

https://openai.com/index/how-the-voices-for-chatgpt-were-cho...

  • > So its: ask Johansson, get declined, ask casting directors for the type of voice actors they are interested in, listened to 400 voices, choose one that sounds like the actor

    Except it doesn't sound like Johansson, I don't know why people keep saying this. At best, the voice has a couple of similar characteristics, but I didn't think for one second that it was her. Can James Earl Jones sue if someone uses a voice actor with a deep voice?

    • Also looking from the perspective of the lesser known voice actress, does Scarlett Johansson have the right to trample the lesser known voice artists future job opportunities by intimidating her previous employers?

      Imagine being a potential future employer of the lesser known artist, would you dare hire her in the face that Johansson's lawyers might come after you?

      Is this lesser known voice artist now doomed to find a job in a different sector?

      Voice archetypes are much much older than Johansson, so by symmetry arguments, could those earlier in line sue Johansson in turn?

      When a strong person is offered a job at the docks, but refuses, and if then later another strong person accepts the job, can the first one sue the employer for "finding another strong man"?

      At some point the courts are being asked to uphold exceptionalist treatment and effectuate it on tax-payers dollars moving executive branches in case of non-compliance.

      16 replies →

    • > Except it doesn't sound like Johansson, I don't know why people keep saying this.

      Would you ever say “except strawberries aren’t tasty, I don’t know why people keep saying this”?

      Maybe it doesn’t sound like Johansson to you, but it does sound like her to a lot of people. Worse, evidence points to Altman wanting you to make that connection. It’s trying to sound like her performance in one specific movie.

      8 replies →

    • >> Except it doesn't sound like Johansson, I don't know why people keep saying this. At best, the voice has a couple of similar characteristics,

      To add to this, the legal standard isn't whether it sounds "like" her. It has to be a replication of her voice. Millions of people may sound or look "like" another person, that doesn't mean they are a copy of that person.

      The best case study in voices imho is David Attenborough. He has a distinct voice that many have sought to replicate. But you know who else had that voice? Richard Attenborough (the actor from Jurassic Park). They are brothers. Sadly, Richard recently passed. Their voices are unsurprisingly nearly interchangeable, along with a thousand other people with similar life stories. So who gets to own complete rights to the distinctive "Attenborough" voice? In any other area of intellectual property the answer is simple: nobody. It doesn't exist and/or was created by people long before any living Attenborough walked the earth.

      Similarly, courts ruled that GTA did not steal from Lindsay Lohan. One cannot own the image of generic California blonde in a red bikini. So why should Johansson own sexy/breathy voice of with a nondistinctive accent?

    • I've been saying this for days, and I'm pretty firmly in the OpenAI critic camp.

      The only reason people think it sounds like her is because they've biased themselves into it because of all the context surrounding it.

      4 replies →

    • This. Its what people want to hear. If you heard that voice in a vacuum with no context and asked someone what famous person is it, I doubt many people would say Johansson. Some, sure, but not the majority.

      The only thing Sam did wrong was play too fast and loose with the implication of "Her" given that he had been talking to ScarJo. Lawyers should have told him to just STFU about it.

    • I was confused because it doesn’t really sound much like her normal voice, and I didn’t see Her. So I looked it up—it sounds a little bit more like her voice in her… the movie where she’s adding some AI-like affectations to her voice.

      I guess they decided to remove it for PR reasons or something.

    • If I play the voices back to back, nobody thinks they're the same person.

      If I ask which one is SJ, people that have seen her films know, those who don't, don't. (Hint, only one sounds hoarse like early smoker voice and self-assured even in the 'Her' role, only one sounds impossibly 2020s valley girl chipper and eager to please.)

      Sure seems like all the dogpiling last week either didn't do a basic listen or ignored it, as it's much better for click farming to mock the cock of the walk.

      1 reply →

  • Read the main article again. The voice actor was already auditioned and chosen before they went to Johansson. Maybe they had a change of plan and thought it would be cool to have Johansson's voice rather than an unknown actor's.

    • Not a lawyer, but wouldn't the important intent be the one when the voice is released, not the first moment someone gets hired? The economic harm happens when you publicize the voice in a way designed to gain value from Johannsen's reputation without her permission, not when you record it. The tweet and requests speak directly to that moment.

      1 reply →

    • Is there any quality difference between hiring a voice actor specifically to provide the voice for an AI compared to cloning an actor's voice from their movies?

      Much of the coverage I've seen thorough social media on this (including Johansson's statement) gives the impression that this is what OpenAI did. If the quality of doing that would be worse than using a voice actor to imitate Johansson's voice, what is the value of the publicity which gives the impression that their technology is more advanced than it is, compared to whatever they end up settling this for?

    • The point isn't the time line of hiring the voice actor. The question is whether OpenAI was deliberately trying to make the voice sound like Johansson.

      Suppose someone asked Dall-e for an image of Black Widow like in the first Avengers movie, promoting their brand. If they then use that in advertising, Johansson's portrait rights would likely be violated. Even (especially) if they never contacted her about doing the ad herself.

      This is similar to that, but with voice, not portrait.

      2 replies →

The actress did impersonate Her though.

It's not just a random "voice for your chatbot", it's that particularly breathy, chatty, voice that she performed for the movie.

I would agree with you completely if they'd created a completely different voice. Even if they'd impersonated a different famous actress. But it's the fact that Her was about an AI, and this is an AI, and the voices are identical. It's clearly an impersonation of her work.

  • > The actress did impersonate Her though.

    Did she? The article claims that:

    1. Multiple people agree that the casting call mentioned nothing about SJ/her

    2. The voice actress claims she was not given instructions to imitate SJ/her

    3. The actress's natural voice sounds identical to the AI-generated Sky voice

    I don't personally think it's anywhere near "identical" to SJ's voice. It seems most likely to me that they noticed the similarity in concept afterwards and wanted to try to capitalize on it (hence later contacting SJ), opposed to the other way around.

    • >I don't personally think it's anywhere near "identical" to SJ's voice. It seems most likely to me that they noticed the similarity in concept afterwards and wanted to try to capitalize on it (hence later contacting SJ), opposed to the other way around.

      So your theory is that this was completely coincidental. But after the voice was recorded, they thought, "Wow, it sounds just like the voice of the computer in Her! We should contact that actress and capitalize on it!"

      That's what you're going with? It doesn't make sense, to me.

      3 replies →

    • No-one had to explicitly say any of that for it to still be an impersonation. Her was a very popular film, and Johansson's voice character was very compelling. They literally could have said nothing and just chosen the voice audition closest to Her unconsciously, because of the reach of the film, and that would still be an impersonation.

      24 replies →

    • It sounds more like Rashida Jones than SJ to me.

      I think part of this PR cycle is also the priming effect, where if you're primed to hear something and then listen you do great it.

      1 reply →

    • This is why things are decided by juries. You may well truly believe this all seems unrelated and above board. But very few people will agree with you when presented with these facts, and it would be hard find them during a jury selection.

  • > The actress did impersonate Her though

    This is unclear. What is clear is OpenAI referenced Her in marketing it. That looks like it was a case of poor impulse control. But it's basis for a claim.

    • > What is clear is OpenAI referenced Her in marketing it.

      Because they're building a voice-mediated AI, duh.

  • How do you explain the many people saying that the voices do not sound especially similar?

    "The pitch is kiiiiiind of close, but that's about it. Different cadence, different levels of vocal fry, slightly different accent if you pay close attention. Johansson drops Ts for Ds pretty frequently, Sky pronounces Ts pretty sharply. A linguist could probably break it down better than me and identify the different regions involved."

    https://old.reddit.com/r/singularity/comments/1cx24sy/vocal_...

    There is also a faction claiming that Sky's voice is more similar to Rashida Jones's than Scarlett Johansson's:

    https://old.reddit.com/r/ChatGPT/comments/1cx9t8b/vocal_comp...

  • In the Ford case they hired an impersonator to sing one of her copyrighted songs, so it's clearly an impersonation.

    In OpenAI's case the voice only sounds like her (although many disagree) but it isn't repeating some famous line of dialog from one of her movies etc, so you can't really definitively say it's impersonating SJ.

  • > it's that particularly breathy, chatty, voice that she performed for the movie.

    Good luck proving that in court.

    “You’re honor our evidence is that the audio clips both sound breathy”

    • I may be wrong, but I believe this case would be made to a jury, not to a judge.

      I think it would be hard to seat a jury that, after laying out the facts about the attempts to hire Johansen, and the tweet at the time of release, would have even one person credulous enough to be convinced this was all an honest mix-up.

      Which is why it will never in a million years go to a trial.

  • Can someone explain to me the outrage about mimicking a public persons voice, while half the people on hacker news argue that it's fine to steal open source code? I fail to see the logic here? Why is this more important?

The order of the events is different, but it still comes down to whether OA had a specific voice in mind when building the chatbot.

By your logic, I could go find a Tim Cook looking and sounding guy, make a promotion video with him praising my new startup, ping Tim Cook to check if by any chance he wouldn't miraculously be willing to do me a favor to avoid me all the trouble in the first place, but still go on and release my video ads without any permission.

"I did all the preparation way before asking the celebrity" wouldn't be a valid defense.

  • You could have an ad with a voiceover saying all sorts of positive things about your company, in a voice that sounds somewhat like Tim Cook. What you could not do is use a body double, dress someone up like him, or otherwise give the impression that your startup is loved by Tim Cook himself. He doesn’t have a monopoly on slightly southern accents.

The tweet + approach is probably sufficient to bring a lawsuit and get into discovery and then it'll come down to if there's a smoking gun documents (e.g. internal emails comparing the voice to Her, etc.)

It's likely that someone internally must have noticed the similarity so there's like some kind of comms around it so it very much will depend on what was written in those conversations.

Pulling the voice when ScarJo complained is not a good look. I’m sure her attorneys would be very excited to do discovery around that decision should it come to trial.

It won’t though, this is primarily a PR problem for OpenAI. Which is still a real problem when their future product development depends entirely on everyone giving them tons of data.

There are probably a number of other cases. The one I remember is when Sega asked Lady Miss Kier of Deee-Lite fame to use her public image for a game. Nothing come out of it but Sega made the character Ulala[1] anyway. If you grew up in the 90s the characters name was strongly connected to Lady Miss Kier's catch phrase, but unfortunately she lost the suit and had to pay more than half a million.

[1] https://en.m.wikipedia.org/wiki/Ulala_(Space_Channel_5)

  • > Lady Miss Kier's catch phrase

    Not to over-analyze your use of language, but using the possessive here makes it seem like she personally owned that phrase or its use was associated with her. First, I don't know if that's true. Did she say, "Ooh la la," constantly, or is it just something she said at the beginning of the music video (and possibly studio recording) of the one hit from Deee-Lite, Groove Is In The Heart? Moreover, that phrase is a fairly well-known and widely-used one, see: https://en.wikipedia.org/wiki/Ooh_La_La. It certainly was not original to her nor would its use indicate an association to her. To your point, its use plus the aesthetic of the character does seem like a reference to Lady Miss Kier's appearance in that music video (if not also her style and appearance more generally, I don't know if that is how she always looks). But she didn't sue everyone else on this list for the use of her supposed catch phrase, ooh la la.

    I hate to say one person's fame is so great that they get special or different treatment in court, but I think "Lady Miss Kier" was punching above her weight in trying to sue over use of her image. Her fame was a flash-in-the-pan one-hit-wonder in the early 90s, no offense to any Deee-Lite fans. It was certainly a great song (with some help from Herbie Hancock, Bootsy Collins, and Q-Tip).

    https://www.youtube.com/watch?v=etviGf1uWlg

    • Not a native speaker, so "catch phrase" is maybe not the right term or too strong.

      Prompted by your comment I read up about the case and from what I understand Sega wanted to use the song in a promotion and not (what I remembered) her likeness.

Counter-intuitively, I think this puts Johansson in a stronger position.

OpenAI did not want to copy her the actress, they wanted to copy HER the performance from the movie.

Wouldn't that apply to entertainers like Rich Little whose entire career was him doing his best to exactly impersonate famous peoples' voices and mannerisms?

  • Parody tends to fall into various exemptions. Of course one might argue that OpenAIs work itself is a parody of AGI.

  • If someone impersonates people but doesn't disguise/hide their appearance, there's no risk of confusing listeners about who is making the voice.

Also a lawyer, and the Middler case is apparently not understood so narrowly. The possible chilling effect on employability of actors who happen to look or sound just like already famous actors rankled me, too, and I really got into it with my entertainment law professor (who has had some quite high profile clients). His advice in no uncertain terms was basically “Sorry to those actors, but if you try to get away with hiring one of them knowing they’re likely to be confused with someone more famous, you’re stupid.”

>The tweet is still a thorn in OA's side, of course, but that's not likely to be determinative IMO (IAAL).

It amounts to nothing as it was a single word and they could spin that any way they want, it's even a generic word, lol. The "worst" interpretation on that tweet could be "we were inspired by said movie to create a relatable product" which is not an unlawful thing to do.

  • I see this a lot in space like HN focused on hard science and programming — this idea that judgments couldn't possibly consider things like context beyond what has been literally spelled out. To paraphrase a fitting XKCD, they have already thought of that "cool hack" you've just come up with [0].

    I lack the knowledge to make a judgment one way or another about whether this will go anywhere, because I know very little about this area of law, more so in the US. However, this idea that tweeting the title of that specific movie in the context of such a product release couldn't possibly be connected to one of those voices having a similar cadence and sound of a specific actor in that same movie they approched beforehand, couldn't have no legal bearing seems naive. Is it that doubtful that a high-priced legal team couldn't bring a solid case, leading to a severe settlement, or more if she wants to create a precedent?

    Clichéd Mafia talk is not a foolproof way to prevent conviction in most jurisdictions.

    [0] https://xkcd.com/1494/