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Lisa AI, an artificial intelligence (AI) generating app, recently sparked controversy by using Scarlett Johansson’s name, image and voice in an online advertisement without her consent. This incident has highlighted important ethical and legal issues surrounding the use of celebrity likenesses and AI technology.
The unauthorized Lisa AI ad
On October 28, 2022, a 22-second ad for Lisa AI’s image editing app appeared on X/Twitter. The ad featured behind-the-scenes footage of Scarlett Johansson filming Marvel’s Black Widow, in which she says: ‘What’s going on guys? It’s Scarlett and I want you to come with me.
However, the ad cuts to AI-generated images of Johansson, while an artificial voice imitating her promotes the app, saying: “It’s not limited to just avatars. You can also create images with texts and even your AI videos. I think you shouldn’t miss it.
A disclaimer at the bottom of the ad reads: “Images produced by Lisa AI. It has nothing to do with this person.
Johansson’s representatives confirmed that she did not consent to the use of her name, image or voice in this ad. Her lawyer Kevin Yorn stated that they “do not take these things lightly” and would take legal action.
Johansson’s legal action against Lisa AI
In response to the unauthorized use of her likeness, Johansson took legal action against Lisa AI and its developer, Convert Software.
California law protects individuals’ rights to privacy and publicity, making it illegal to use someone’s “name, voice, signature, photograph, or likeness” for commercial purposes without their consent.
By using Johansson’s distinctive voice and image without permission, Lisa AI appears to have violated these laws. Johansson’s legal team stated that they would pursue “all available legal remedies” to address the situation.
This is not the first time that Johansson has faced unauthorized use of her image. She previously spoke out against the use of ‘deepfake’ technology to insert her into pornographic videos without consent.
Broader issues around AI, celebrities and content rights
The Johansson/Lisa AI controversy highlights growing concerns about protecting the rights of celebrities, as AI technology enables new methods of using their voices and images without consent.
Other celebrities, including the estate of Tom Hanks and Robin Williams, have condemned the use of AI to mimic their voices or recreate their likenesses. The rise of deepfakes and voice synthesis technology has increased fears of reputational damage and identity theft.
Hollywood studios have faced these issues in negotiations with actors’ unions like SAG-AFTRA, which are concerned about performers losing their jobs due to AI recreations of themselves.
Some legal experts believe that current laws do not provide sufficient protection against the illegal use of AI celebrity likenesses. Proposed legislation such as the No Fakes Act would address this directly by banning unauthorized AI images in audio and video media.
However, the First Amendment’s protection of freedom of speech and art involving public figures poses a challenge for legislative drafting. The balance between protecting celebrity interests and enabling AI innovation remains unclear.
Perspectives on the controversy
The Johansson/Lisa AI situation has generated a range of perspectives on the appropriate use of celebrity likenesses in AI:
- Johansson’s representatives insist that the unauthorized use was illegal and seek strong legal remedies to protect its rights.
- IP lawyers say Johansson has a valid legal claim under publicity rights laws, although some suggest a quick settlement is likely given the ambiguity surrounding AI case law.
- Lisa AI’s actions suggest a calculated risk to gain publicity by using Johansson’s fame without permission. Their disclaimer shows an attempt to limit legal liability.
- AI ethicists While disclaimers are good, the ad was unethical because it explicitly dealt with Johansson’s celebrity without consent and encouraged bad behavior. Stricter rules are needed for the use of celebrity likenesses in AI.
- Supporters of freedom of expression believe that while Johansson needs to control her image, overly broad legislation banning AI likenesses could limit creativity and art using public figures. They suggest targeted laws that address advertising abuse.
- Consumer advocates concerns about AI’s growing potential to spread disinformation with the help of influential figures. They want better legal protection against manipulated media and content.
Implications and questions
The unauthorized Lisa AI ad leaves several big questions open about AI, ethics and celebrity rights:
- Should existing publicity laws be expanded to provide clearer protections around AI use of celebrity voices and images? What would a balanced approach look like?
- How can policy balance the interests of celebrities with enabling AI innovation and artistic expression? What types of manipulated media should be restricted?
- Who bears the responsibility – AI developers, social platforms, celebrities themselves – for ensuring ethical use of celebrity likenesses in AI systems?
- How can disinformation and reputational damage spread through AI avatars be mitigated as AI synthesis technology advances?
Johansson’s legal battle with Lisa AI has sparked an important debate on these issues at the intersection of technology, ethics and law. As the capabilities of AI increase, more cases like this are likely to arise. Crafting policies to protect rights while supporting innovation in this rapidly changing space remains a complex challenge.