Lawyers say OpenAI could be in real trouble with Scarlett Johansson

By Emilia David , a reporter who covers AI. Prior to joining The Verge, she covered the intersection between technology, finance, and the economy.

OpenAI could face legal consequences for making a ChatGPT voice that sounds a lot like Scarlett Johansson — whether the company did so intentionally or not. And the fact that OpenAI’s CEO referenced those similarities? That only makes matters worse, intellectual property lawyers tell The Verge.

“There are a few courses of actions she can take, but case law supports her position,” says Purvi Patel Albers, partner at the law firm Haynes Boone with a focus on trademarks and copyright.

After demoing updates to ChatGPT last week, OpenAI spurred commentary and headlines noting that the voice of its AI assistant — named Sky — sounded a lot like Johansson, especially her performance as an AI assistant in the movie Her.

Albers says that Johansson and other celebrities can invoke right to publicity laws, which protect identifying features of a person from being used without their permission. “If you misappropriate someone’s name, likeness, or voice, you could be violating their right to publicity,” Albers says.

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