Johansson Challenges OpenAI Over 'Eerily Similar' Sky Voice

Why this is trending right now

Scarlett Johansson issued a public statement on May 20, 2024, expressing shock and anger over OpenAI’s "Sky" voice assistant, which was demonstrated during the GPT-4o launch. The actress revealed that OpenAI CEO Sam Altman had approached her in September 2023 to license her voice, an offer she declined for "personal reasons." Following the release of GPT-4o, Johansson alleged that the company utilized a voice that was "eerily similar" to hers, prompting her to hire legal counsel to seek clarity on the voice's creation. The controversy is trending as it highlights the legal ambiguities of the "right of publicity" in the age of generative AI. OpenAI has since paused the use of the Sky voice, though it maintains the voice was provided by a different professional actress and was never intended to resemble Johansson.

The last 24 hours: a timeline

On May 20, the story broke globally as Johansson’s detailed statement was published by major outlets, including NPR and The Washington Post. By the morning of May 21, OpenAI responded with a blog post explaining their casting process, asserting that they started the casting for Sky before any outreach to Johansson. However, interest spiked late on May 21 when legal experts pointed out that Sam Altman had tweeted the word "her" shortly before the GPT-4o demonstration, a reference to the movie in which Johansson voices an AI. By May 22, legal analysts from Georgetown Law and the American Bar Association began debating the merits of a potential lawsuit under California’s right of publicity laws, which protect against the unauthorized use of a person’s "likeness" and "voice."

What could happen next

The primary legal question rests on whether OpenAI’s actions constitute a violation of California Civil Code Section 3344. According to Kristelia García of Georgetown Law, if Johansson files suit, the court will have to determine if OpenAI’s intent was to evoke her persona despite using a different voice actor. The outcome could set a precedent for the "NO FAKES Act," a proposed federal bill aimed at protecting individuals from unauthorized digital replicas. OpenAI is likely to face increased pressure to disclose the identity or specific casting documents for the voice actor behind Sky to prove its claims. In the interim, OpenAI is expected to refine its "Media Manager" tool to allow creators more control over how their likeness and content are used in training models, a move aimed at mending relationships with the creative community.