OpenAI faces backlash over alleged homage to Scarlett Johansson's 'Her' performance

OpenAI's newest developments in artificial intelligence have stirred controversy in Hollywood, with actress Scarlett Johansson accusing the business of using her vocal resemblance without her permission. This debate has revived industry anxieties about AI's existential danger, even as studios investigate new technologies and prospective collaborations with OpenAI.

Johansson alleges that OpenAI's demonstrations of the most recent version of ChatGPT included a voice "eerily similar" to her role in Spike Jonze's film "Her." Despite failing to reach an agreement with Johansson, OpenAI used a voice that sounded extremely like hers, inciting outrage among industry executives. "This seemed to strike a real chord," said an industry executive. "It puts a human face on it. A well-known technology corporation did something to someone we know."

OpenAI, which surprised the world in February with its text-to-video tool Sora, has since been in talks with Hollywood executives about potential creative collaborations. Johansson's public criticism of OpenAI has complicated these negotiations, with some executives now seeing the tech behemoth's activities as disrespectful and arrogant. According to one studio executive, "It sure doesn't set up a respectful collaboration between content creators and tech giants."

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OpenAI CEO Sam Altman defended the business, saying, "The voice is not Scarlett Johansson's, and it was never designed to sound like hers. We cast the voice actor behind Sky's voice before contacting Ms. Johansson." However, the corporation has not commented on its connection with Hollywood since the dispute.

The dispute has also brought attention to larger issues about AI and copyright. Some agencies and executives have voiced worry that OpenAI's models, which are trained on publicly available copyrighted works, would pose significant issues for directors and filmmakers who may be hesitant to use tools created without explicit agreement.

Despite these concerns, entertainment industry technologists regard Sora as having the potential to improve the film and television production process, particularly in terms of expediting digital effects. Fox already uses OpenAI's ChatGPT to recommend content for its Tubi streaming service.

OpenAI argues that it will preserve copyrights by preventing the creation of videos starring well-known characters or performers. Nonetheless, the Johansson controversy raises concerns about protecting lesser-known performers. Johansson may claim that OpenAI infringed her right to publicity, which empowers people to govern commercial use of their name, image, or likeness. Legal precedents, such as Bette Midler's successful 1987 lawsuit against Ford's advertising agency and Tom Waits' 1988 lawsuit against Frito-Lay, may support Johansson's claim.

Mark Lemley, director of Stanford's Program in Law, Science, and Technology, observes that, while Johansson's case is less clear-cut, the effort to duplicate her voice, together with Altman's outreach efforts and a tweet citing "Her," bolster her case.

Jeffrey Bennett, general counsel for the SAG-AFTRA performers' organization, has advocated for a federal right of publicity to protect voice and likeness, like copyright protections. "We're thrilled that there's now this huge dialogue about it," Bennett stated. "We've been trying to use the bullhorn and shout about it for quite some time now...We've been discussing the proliferation of 'deep fakes', and it is about to hit everyone. Now it is truly a conversation. There must be a federal solution."

As Hollywood navigates the convergence of creativity and technology, the Johansson case highlights the importance of clear boundaries and protections in the age of AI.

(With inputs from Reuters)