AI can clone your voice: here’s how the law and Taylor Swift are fighting back

AI, musicians, trade marks and brand protection

Over two months from Taylor Swift’s trade mark applications for her voice and stage likeness, the legal debate is still very much alive. Some lawyers now question whether the phrases she’s filed are distinctive enough to count as trade marks at all, and warn that if the strategy succeeds, it could open the door to much broader ownership claims over a person’s voice and image. With her applications still pending, the case remains a genuinely new test of how far trade mark law can stretch to protect identity in the AI era.

Taylor Swift expanded her already extensive trade mark portfolio with three notable U.S. trade mark applications aimed at protecting her identity against AI-generated impersonation: audio clips to protect her voice and a visual image to protect her likeness to help combat AI-generated rip-offs and deepfakes.

Trade mark registrations, in particular more recent registration applications for voices are a developing legal route for protection.

Artificial intelligence presents unique challenges for musicians and performers, whose commercial value often lies not only in their music but also in their identity. An artist’s name, image and voice are valuable business assets that can be exploited commercially through recordings, performances, merchandise, endorsements and licensing. For many performers, their stage name, image, and voice function as a brand.

AI-generated images, sounds and likenesses

Generative AI can now produce highly realistic images, sounds and voices of musicians, as well as promotional photographs, album artwork and social media content that closely resemble real performers. Such use could mislead consumers to believe that the content is genuine or officially endorsed.

Modern AI systems can analyse recordings and generate speech or singing that closely imitates the voice of a well-known performer. As a result, entirely new songs can be created that appear to feature an artist who never participated in the recording.

Many major musicians have registered trade marks for their names and branding for years, although not necessarily for their voices for example: Beyoncé; Madonna; Rihanna; Ed Sheeran; The Rolling Stones (including the iconic tongue logo).

Unlike some jurisdictions, the United Kingdom does not recognise a standalone “image right”. Instead, protection is achieved through a combination of legal rights. Trade mark protection is only one area of brand and identity protection.  Many also rely on copyright, passing off laws, data protection laws and contractual protections which together provide an important legal framework for safeguarding the commercial value of a musician’s brand. Trade mark registration for a voice is still an evolving area of law, with many of these filings yet to be fully tested in court.

Businesses using AI-generated images or voices resembling those well-known performers face potential legal liability if consumers are likely to be deceived into believing that an artist has authorised or endorsed the content.

Beyond the music

The use of trade mark registrations as protection against use of someone’s likeness and/or voice by AI could spread much more widely as AI develops.  

In business, brands already appreciate the importance of trade mark protection and sound marks have been becoming increasingly popular (think Netflix opening sound ‘Ta-dum’)

As AI marches forward we may see more figures in the music industry, in business, even us as individuals with our own image and voice trade marks to protect us as originals!

For more information on trade marks or copyright issues, contact Charlotte O’Mara HERE.