How? This kind of thing is already illegal. If I’m producing a commercial for Joe’s Hot Dogs, and I hire a voice actor who sounds like Morgan Freeman, and he never says “I’m Morgan Freeman” but he’s the main voice in the commercial and the cartoon character he’s voicing looks like Morgan Freeman… well, many consumers will be confused into thinking Morgan Freeman likes Joe’s Hot Dogs, and that’s a violation of Morgan Freeman’s trademark.
no, that's definitely not illegal. Voices are not trademarkable, only jingles (melody, words + tone), and of course specific recordings of voices are copyrighted. The ONLY way they get in trouble is if they claim to be Morgan Freeman.
"Trademark" is not the correct way to talk about it, but commercial use of an impersonation can be a breach of the right of publicity, even if they don't actually say they're the person.
But they are subject to right of publicity in many US jurisdictions.
Which, while more like trademark than copyright (the other thing that keeps getting raised as if it should dispose of this issue), is its own area of law, distinct from either trademark or copyright.
> The ONLY way they get in trouble is if they claim to be Morgan Freeman.
That’s…not true. Though such an explicit claim would definitely be a way that they could get in trouble.
It's in the very article
> He compared Johansson’s case to one brought by the singer Bette Midler against the Ford Motor Company in the 1980s. Ford asked Midler to use her voice in ads. After she declined, Ford hired an impersonator. The U.S. appellate courts ruled in Midler’s favor, indicating her voice was protected against unauthorized use.
How? This kind of thing is already illegal. If I’m producing a commercial for Joe’s Hot Dogs, and I hire a voice actor who sounds like Morgan Freeman, and he never says “I’m Morgan Freeman” but he’s the main voice in the commercial and the cartoon character he’s voicing looks like Morgan Freeman… well, many consumers will be confused into thinking Morgan Freeman likes Joe’s Hot Dogs, and that’s a violation of Morgan Freeman’s trademark.
no, that's definitely not illegal. Voices are not trademarkable, only jingles (melody, words + tone), and of course specific recordings of voices are copyrighted. The ONLY way they get in trouble is if they claim to be Morgan Freeman.
"Trademark" is not the correct way to talk about it, but commercial use of an impersonation can be a breach of the right of publicity, even if they don't actually say they're the person.
> Voices are not trademarkable
But they are subject to right of publicity in many US jurisdictions.
Which, while more like trademark than copyright (the other thing that keeps getting raised as if it should dispose of this issue), is its own area of law, distinct from either trademark or copyright.
> The ONLY way they get in trouble is if they claim to be Morgan Freeman.
That’s…not true. Though such an explicit claim would definitely be a way that they could get in trouble.
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A reasonable person would assume that the voice in the commercial is Morgan Freeman, which could be very problematic for the commercial maker.
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Voices may not be trademarkable but I'm pretty sure styles and intonations are.
Which part of that is illegal? Because I don't see anything.
It's in the very article > He compared Johansson’s case to one brought by the singer Bette Midler against the Ford Motor Company in the 1980s. Ford asked Midler to use her voice in ads. After she declined, Ford hired an impersonator. The U.S. appellate courts ruled in Midler’s favor, indicating her voice was protected against unauthorized use.
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