Scarlett Johansson Is Only the Beginning of AI Cloning Disputes

Congress and the AI industry must act

John Polonis
The Political Prism
5 min readMay 24, 2024

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Scarlett Johansson
Scarlett Johansson; Source — Wikimedia Commons

Did OpenAI train its models on Scarlett Johansson’s voice without her consent? OpenAI denies it. The Washington Post reviewed documents and recordings, and for their part, they agree.

So we’re done here, right?

Wrong.

Even if all of that is true, many people are missing two major points.

First, under the right of publicity — which is based on state law (and is particularly protective of artists in states like California) — mimicking the “image or likeness” of someone without their consent is generally prohibited.

Second, until Congress and the AI industry develop both: (i) baseline rules of the road; and (ii) a central marketplace for licensing rights and compensating artists, these intellectual property disputes will not only keep happening.

They will get worse. Both in severity and number.

Let’s examine these points more closely.

Does OpenAI have the right to mimic Scarlett Johansson’s voice?

If you’re not familiar with the dispute, Sam Altman’s artificial intelligence company, OpenAI, unsuccessfully…

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John Polonis
The Political Prism

Lawyer writing on law & politics, artificial intelligence, and the future of it all. Contact: johnwpolonis@gmail.com