Comment by throwthrowuknow
2 years ago
The voice is different enough that anyone who listens to samples longer than 5 seconds side by side and says they can’t tell them apart is obviously lying.
All the reporting around this I’ve seen uses incredibly short clips. There are hours of recorded audio of SJ speaking and there are lots of examples of the Sky voice out there since it’s been around since September.
To elaborate on the other comment -
It doesn't even need to sound like the person. It's about the intent. Did OpenAI intend to imitate ScarJo.
Half the people of the world thinking it's ScarJo is strong evidence that it's not an accident.
Given that "Her" is Sam's favorite movie, and that he cryptically tweeted "her" the day it launched, and that he reached out to ScarJo to do the voice, and that the company reached out to her again to reconsider two days before the launch -
I personally think the situation is very obvious. I understand that some people strongly disagree - but then there are some people who think the Earth is flat. So.
I don't think the intent matters (though it's moot in this case because I think there is clear intent): If someone unknowingly used a celebrity's likeness I think they would still be able to prohibit its use since the idea is that they have a "right" to its use in general, not that they have a defence against being wronged by a person in particular.
For example if someone anonymously used a celebrity's likeness to promote something you wouldn't need to identify the person (which would be necessary to prove intent) in order to stop have the offending material removed or prevented from being distributed.
> I don't think the intent matters
The closing statement of Midler v. Ford is:
"We hold only that when a distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs and have committed a tort in California."
Deliberate is a synonym for intentional.
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That's a different standard: "Can you tell them apart side-by-side" vs. "does this sound like person X" or "is this voice exploiting the likeness of person X". It's the latter question that is legally relevant.