AI News from Abroad and What Australia Can Learn From It

AI News from Abroad and What Australia Can Learn From It

by Dorje Swallow

Recently (July 10th), Voice Actors received a rare victory against alleged AI infringers in a recent federal court judgement in New York, in Lehrman v. Lovo, Inc.

Voice actors Paul Lehrman and Linnea Sage filed an action against AI voiceover company Lovo, alleging the company used artificial intelligence to synthesise and sell unauthorised "clones" of their voices. They had discovered their voices being used in YouTube videos and podcasts after they had been hired through the freelancing app, Fiverr, for what they believed were limited voice recording projects used for research purposes. This is an early case of AI voice cloning tech, asserting claims under New York civil rights and consumer protection laws, the Lanham Act, the Copyright and common law theories that include breach of contract, fraud, conversion, unjust enrichment, and unfair competition.

In regard to copyright infringement, Judge J. Paul Oetken concluded that "for the most part, Plaintiffs have not stated cognisable claims under federal trademark and copyright law." The court explained that what plaintiffs sought was essentially "copyright protection for their voices" as abstract concepts rather than specific expressions.   However, importantly, the court did allow the plaintiffs’ breach of contract and right of publicity claims to proceed, finding that communications through Fiverr and the platform's terms of service supported their allegations that the voice recordings were used beyond the agreed scope. The court also moved claims under New York Civil Rights Law Sections 50 and 51 forward, stating that these state laws are "tailored to balance the unique interests at stake" in voice misappropriation cases.

While the ruling represents a partial victory for the voice actors, it highlights significant gaps in US federal intellectual property protections for AI-generated content and voice cloning technology. The court's decision suggests that voice actors and similar plaintiffs may find more success pursuing state law remedies for unauthorised AI voice cloning.

How does this relate to us here in Australia?

In Australia, unlike the US, we do not have “fair use” provisions in copyright claims, and our state laws are slow to provide protections for Voice Actors here.  We have common law copyright law protections via  “passing off”,  which means if a voice is well known, recognisable and used to make misrepresentations that subsequently causes that person damage, legal recourse may be pursued.  It is likely, however, that in the vast majority of cases for Voice Actors who are not well known to the public, this will be of little assistance.  

What is key in Lehrman v Lovo, is the case proceeding to the next stage based on the arguments of breach of contract, breach of right of publicity and contravention of the agreed scope of the voice recordings, which were commissioned and then used for cloning purposes.  If  there is no consent to having one’s voice AI trained, and unless knowledge of AI ownership and usage rights are contained in any voice over agreement, in many cases Voice Actors here similarly will have the right to pursue legal recourse for unauthorised voice cloning. 

Here at AAVA, with the assistance of Artslaw, we have commissioned a landmark generative AI agreement, which ensures you are in a strong position to protect Your Voice on any contracted Voice Over work.   In the light of the Leheman v Lovo, and while we wait for Copyright laws in Australia (and abroad) to catch up and protect the right and obligations of artists from AI misuse, such an agreement is an invaluable tool in helping voice actors negotiate a rapidly changing environment, as AAVA campaigns for further state and federal protection, to ensure GenAI is appropriately monitored and managed, and those utilising it are held legally accountable for their actions.

 Download AAVA's Generative AI Agreement here.

https://www.aavavoices.org/ai-agreement