The controversy surrounding OpenAI’s use of a voice similar to Scarlett Johansson’s has brought attention to the right to publicity, an individual’s control over the commercial use of their identity. The right to publicity is recognized in over 30 states, but the laws vary, and some states only protect certain characteristics like name and image, while others extend protection to voice and signature. The emergence of generative artificial intelligence (GenAI) has raised new questions about the commercialization of celebrities’ likenesses, and legislative bodies are considering ways to prevent abuse or misuse of an individual’s name, image, and likeness.
The article examines the controversy surrounding OpenAI’s use of a voice similar to Johansson’s, the state frameworks for the right to publicity, and the impact of GenAI on the commercialization of celebrities’ likenesses. It concludes with a discussion of how legislative bodies may prevent abuse or misuse of an individual’s name, image, and likeness.
