In this week’s column, California Sports Lawyer® CEO, Founder, and Managing Attorney Jeremy M. Evans writes about the implications of deceased and living celebrity AI-generated voice recordings through a licensable and monetizable marketplace.
The AI-generated voice opportunity is real, but integrity and authenticity still matter.
You can read the full column below. (Past columns can be found, here).
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What happens when John Q. Public, John, or Jane Doe can receive an AI-generated recording of a deceased celebrity for their birthday or other celebration or punch line? ElevenLabs has set the stage for investment and growth into a voice marketplace for living and deceased celebrities to be licensed for a fee. Their voices could be used for music, film, television, digital birthday cards and messages, and possibly more.
Imagine Babe Ruth, Michael Caine, John Wayne, or Judy Garland wishing you a happy birthday or being heard in a popular commercial for a brand. These AI-generated voices show how technology can recreate legacy and new content and intellectual property that is licensable and profitable. It sets the stage for interactions with AI-generated voices from athletes, presidents, and more. Applications could be as simple as music if group licensing becomes available similar to Universal Music and Meta (Instagram and Facebook) deal.
The legal issues for licensing deceased or living voices through AI-generated technology does present important issues beyond the licensing provisions or contracts needed for dealmaking to occur. Name, image, and likeness can and should be very personable, but at the same time monetizable. There is balance between exclusivity and accessibility.
There is also the issue of truth and perception. It would be unwise to have thousands of AI-generated commercials with John Wayne or another actor or sports figure endorsing a political candidate, or sharing some unsavory opinion or comment. The public has access to AI-generated tools through various applications, but official licensing will be limited and of course paid unless the AI-voice can create so much in advertising viewership and revenue that it makes sense to open use more broadly like music on social media platforms referenced previously.
The powerful tool for entertainment and sports agents, attorneys, family estates, managers, and representatives is that the licensing potential with AI is now exponential. An actor or sports figure no longer needs to sit for thousands of recordings, but can do so digitally if authorized and resale or re-license as needed. However, licensing agreements would need to be clear on type and length of use, compensation, approvals, digital and other rights. Compliance would also be necessary through union requirements like SAG-AFTRA.
The AI-generated voice opportunity is real, but integrity and authenticity still matter. The law must catch up to innovation, as well as contractual provisions. However, there will be a premium paid for live, in-person, and one-time recordings or appearances that cannot be licensed beyond their initial intended use.
The legal and ethical dilemma and implications do not end with the license. There is a moral question as to whether a deceased person should have their voice licensed beyond intended or contractually agreed upon use. Afterall, the deceased person is not around to give their opinion or approval. AI-generated voices are appealing because it creates nostalgic AI economic opportunities.
Synthetic media is now a mechanism to contend with and attorneys would be wise to negotiate digital legacy clauses protect clients, dead or alive. Nonetheless, the future of storytelling in sports and entertainment may indeed be authenticity vs. algorithm. Value may be determined by what is real versus what is generated.
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About Jeremy M. Evans:
Jeremy M. Evans is the Chief Entrepreneur Officer, Founder & Managing Attorney at California Sports Lawyer®, representing entertainment, media, and sports clients in contractual, intellectual property, and dealmaking matters. Evans is an award-winning attorney and industry leader based in Los Angeles and Newport Beach, California. He can be reached at Jeremy@CSLlegal.com. www.CSLlegal.com.
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