Question from The Serge, Can I Legally Use Someone’s Voice to Create a Digital Replica and Profit from It in the USA?
Answer from AI:
The legality of using someone’s voice to create a digital replica and profit from it in the United States is a complex issue. It involves various areas of law, including privacy rights, publicity rights, copyright law, and contract law.
Right of Publicity
The right of publicity, which varies by state, generally protects individuals from having their name, image, or in some cases, voice, used for commercial purposes without their consent. For example, in California, the Civil Code Section 3344 prohibits the use of another’s name, voice, signature, photograph, or likeness in any manner on or in products, merchandise, or goods without prior consent.
Privacy rights can also come into play. In some circumstances, using someone’s voice without their consent could be seen as an invasion of privacy, especially if the voice is used in a way that suggests personal details about the individual.
Copyright law may also be relevant. While you cannot copyright a person’s voice, the specific recordings of their voice may be protected. Therefore, using a recording without permission could potentially infringe on copyright laws.
If there is a contract in place that prohibits the use of the voice for certain purposes, violating that contract could lead to legal consequences.
It’s important to note that this is a rapidly evolving area of law, particularly with the rise of deepfake technology and AI. Therefore, the legal landscape could change quickly.
What Should You Do?
Given the potential legal issues, it’s recommended that you:
- Obtain explicit permission from the person whose voice you wish to use.
- Consult with a legal professional to understand the potential risks and legal implications.
- Stay updated on changes in laws and regulations related to this issue.
This information is intended to provide a general understanding of the law. It is not intended to provide legal advice. It’s always a good idea to consult with a legal professional for personalized advice.