Imagine waking up one day to find your face and voice promoting a product without your knowledge or consent. This isn’t a hypothetical scenario for Scarlett Johansson, the Oscar-nominated actor who is now taking legal action against an app that used AI to recreate her voice and likeness without her permission.
In a 22-second advertisement, Lisa AI: 90s Yearbook & Avatar, an AI app developer, utilized an AI-generated version of Johansson’s voice and image to promote their AI image editor. Although the advertisement has since been removed from the internet, the damage has been done.
Before we dive into defending Scarlett Johansson, allow me to introduce myself. My name is Mitch Jackson, and I’m a trial lawyer and private mediator with over 30 years of experience. I was fortunate enough to be named by my peers as the 2009 Orange County Trial Lawyer of the Year and also the 2013 California Litigation Lawyer of the Year. In each podcast episode, I help you navigate the new and sometimes confusing digital landscape found at the intersection of law, business, and technology.
OK, now that you have a bit of context about the topic of this podcast and the person behind it, let’s examine what Johansson can do about her voice and image being used without her permission.
The unauthorized use of Johansson’s identity violates her right to publicity and privacy. California law clearly states that it is illegal to use someone’s “name, voice, signature, photograph, or likeness” for commercial purposes without their consent. This violation not only infringes upon Johansson’s legal rights but also harms her reputation and goodwill.
The question now is, what can Scarlett Johansson do to seek justice? She has several options.
First, she can seek monetary damages for the harm caused by the unauthorized use of her identity.
Secondly, she can pursue an injunction to prevent the app developer from using her voice and image in the future. Lastly, she may be able to seek monetary and even punitive damages as a form of punishment for the app developer’s actions.
So, what does this case mean for you, the listener?
It highlights the importance of protecting our rights to privacy and publicity in today’s digital age. With technology advancing at a rapid pace, it’s crucial to be vigilant and take action when our rights are violated. After all, if it can happen to Scarlett Johansson, it can happen to anyone.
Let’s learn from her example and stand up for our rights in the digital world.
The Web3, AI and Metaverse Legal and Business Podcast
Episode page: https://mitchjackson.com/podcast
Listen on Apple Podcasts: https://podcasts.apple.com/us/podcast/the-web3-ai-and-metaverse-legal-and-business-podcast/id1257596607
Listen on Spotify: https://open.spotify.com/show/659nwsDjBm9zX8t56rSja6?si=oaoRw_BiTbKw3rZCWW7dlQ