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This might be a good take if the Lanham Act or, more generally, Copyright Law, and even more generally, the common law right to publicity didn't exist. But they do!
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I am unconvinced you know what any of those things are
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I should have noted that my comment wasn't really about your opinion but about the overall thought that because open ai hired someone prior to contacting scarjo that was somehow dispositive.
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In just saying, you know that you can't copyright a voice and trademarks have nothing to do with this, right?
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You can't copyright a voice, but that's not necessary to succeed here. right to publicity is definitely at play. I didn't mention trademark, but the concept that undergirds trademark and copyright law is unfairly making money off of someone's else's creative work, and that's present here.
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But to use your voice example, Aflac trademarked Gilbert Gottfried's voice saying Aflac (as the duck). If an AI was used to mimic Gottfried's duck voice, in, say, a commercial for State Farm, what would the outcome be? It's just not as cut and dried as "you can't trademark a voice".
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You didn't mention trademark? What, exactly, do you think the Lanham Act is?