OpenAI’s apparent tribute to the movie Her, featuring a voice resembling Scarlett Johansson’s, has ignited renewed backlash against artificial intelligence within Hollywood, according to industry executives interviewed by Reuters.
Johansson has accused OpenAI of replicating her performance from the Spike Jonze-directed film without reaching an agreement with her. This allegation has reignited concerns among creatives about the existential threat posed by AI, even as Hollywood studios experiment with new AI tools and explore partnerships with OpenAI.
“This issue has resonated deeply,” an industry executive noted. “It personalizes the debate… a recognizable tech company has allegedly wronged a familiar figure.”
In February, OpenAI astonished audiences with videos of near-cinematic quality produced by its text-to-video tool, Sora. Since then, Hollywood executives and agents have engaged with OpenAI multiple times to discuss potential collaborations and applications of this technology, as confirmed by industry insiders.
Johansson’s criticism of OpenAI for using a voice she described as “eerily similar” to her own in public demonstrations of the latest ChatGPT version has upset some entertainment executives. These individuals, who spoke to Reuters on condition of anonymity, said the incident has strained discussions about future collaborations.
“This doesn’t bode well for a respectful partnership between content creators and tech giants,” commented one studio executive, labeling OpenAI’s actions as “hubris.”
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In response, OpenAI CEO Sam Altman stated on Monday that the voice “is not Scarlett Johansson’s, and it was never intended to resemble hers. We cast the voice actor for Sky before any outreach to Ms. Johansson.”
OpenAI, whose largest investor is Microsoft, did not respond to requests for comment on its relationship with Hollywood following the dispute.
Even before this controversy, agents and executives expressed concerns to Reuters that OpenAI’s models appear to be trained on copyrighted works. OpenAI considers this training fair use because the works are publicly available on the internet. However, this stance is problematic for some directors and filmmakers who may be hesitant to use a tool built on others’ work without consent.
Despite these concerns, some technologists in the entertainment industry see Sora as a promising tool to enhance the film and TV production process. They envision near-term uses for the technology to speed up digital effects.
Fox already employs OpenAI’s ChatGPT to recommend new TV shows and movies to viewers of its Tubi streaming service.
Although OpenAI has stated it aims to protect copyrights by preventing the generation of videos featuring known characters like Superman or prominent actors like Jennifer Aniston, concerns remain about safeguarding lesser-known performers.
Johansson’s dispute with OpenAI highlights a new battleground between the content industry and the AI leader. According to John Yanchunis, a partner at the law firm Morgan & Morgan, Johansson might argue that OpenAI violated her right to publicity, which allows individuals to control the commercial use of their name, image, or likeness.
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Singer Bette Midler set a legal precedent by using California law to reclaim her voice in a lawsuit against Ford’s advertising agency, Young & Rubicam, for hiring a backup singer to imitate her performance in a commercial after she declined their offer. The Supreme Court upheld her right of publicity. Similarly, Tom Waits won a case against Frito-Lay for a commercial that featured an imitation of his unique singing style.
“In those cases, the sound-alikes performed songs the artists had made famous, so people likely assumed the artists endorsed the products,” explained Mark Lemley, director of Stanford’s Program in Law, Science, and Technology.
Johansson’s case is less straightforward, but Altman’s efforts to hire her, along with a tweet referencing the film, could bolster her argument, Lemley added.
Jeffrey Bennett, general counsel for the SAG-AFTRA performers union, which helped establish the right of publicity in California and elsewhere, has been advocating for federal protections similar to those for copyright.
“We’re pleased this issue is finally gaining attention,” Bennett said. “We’ve been raising the alarm about the proliferation of ‘deep fakes’ and now it’s impacting everyone. It’s time for a federal solution.”
