RIAA Reports AI Vocal Cloning Site 'Voicify' to the U.S. Government
torrentfreak.com
torrentfreak.com
A relevant opinion:
> The purpose of the portrayal in question must be examined to determine if it predominantly serves a social function valued by the protection of free speech. If the portrayal mainly serves the purpose of contributing information, which is not false or defamatory, to the public debate of political or social issues or of providing the free expression of creative talent which contributes to society’s cultural enrichment, then the portray generally will be immune from liability. If, however, the portrayal functions primarily as a means of commercial exploitation, then such immunity will not be granted.
from Estate of Presley v. Russen via https://ripl.law.uic.edu/news-stories/celebrity-impersonatio...
"qualification for copyright eligibility" (what you're referring to)
and "qualification for fair use"
and "qualification for (un)authorized use of likeness/personality"
... are all different things, with different laws, and different standards.
But in general, the overarching concept that humans have rights and machines do not still very-much-so is applicable. With any law (not just IP), the end goal should be to protect the rights of humans in the context of how humans are human and do human things, regardless of the tools they use.
At one point in time it was unclear whether things like tape recorders were legal. This is just that, with a different technology. Eventually we'll have better case law, and we'll know exactly how we can and can't use this one to protect the rights of other humans.
edit: I just noticed in the article the RIAA mentions both copyright and the right to publicity. So perhaps the site in question violates copyright in the original recordings. My guess would be if the person was listening to a recording they had a right to and using this tech, it would not be a copyright infringement, but if they are transforming a recording and redistributing it, it would be. But if this site is doing any distribution, it might itself be found infringing.
in the end the outcome is the same and happens all the time in the industry. When a voice actor portraying another character for an animated series, the original actor doesn't get compensated. Cloned or exactly duplicated is indistinguishable to the outcome.
>Same principle as if I took a paparazzi photo of a celebrity and sold it as portraits due to the fame of that person and for legitimate news purposes.
Not sure I understand this. paparazzi takes photo and sells photos ? whats the issue ?
The idea of copying as theft isn’t new but I agree it’s not really the same.
How does this differ from cover bands that try to sounds as much like the originals as possible? If I clone Eminem and present it as Eminem, I think that would be morally and legally wrong, but what if I marketed it as “Clone Eminem” or “Not Eminem”?
I’ve heard covers of Stairway to Heaven that you’d swear are the original. If that’s ok, what’s inherently different about this?
Misrepresenting who performed an audio track is exactly that, a misrepresentation of goods sold. There are laws for that.
There is nothing in law that explicitly permits what AI sites are doing with performers' music. And the sites are not compensating the imitated performers. That's just plagiarism which is already unlawful.
But should it be illegal to clone Drake's voice and add it to a song I've written, as long as I don't claim it's the real Drake? I'm not so sure about that. It's generally considered acceptable to imitate a band's guitarist. Why not its lead singer? If I can record a cover of "Sweet Child of Mine" with a guitarist who can perfectly copy Slash, is it wrong to do the same with an AI who can copy Axl? It kind of feels different, but intellectually I'm not convinced.
There are endless viable monetization strategies in a copyright free world.
This new wave of sophisticated content generation is raising some new questions, which is something that happens all the time (see the rise digital sampling and hip-hop in the 1980's), and as always the industry is trying to sort out how best to answer those questions in the context of what's already been established. And of course there's power jockeying as well because open questions are always an opportunity for somebody to either seize or secure a stake in whatever's coming.
This action is mostly about public "folk" outside the industry being able to too easily cloud and exploit brands by viralizing "Eminem's Rap for the Russian Empire" -- these brands have a lot of value in being particular and controlled and people's livelihoods are involved. The industry is just working to figure it out and (in some cases) trying to stomp on the breaks so they have time to do so.
That's not saying that RIAA is faultless, or that some of the power plays they'll make and that others make won't be transparent and scummy, but there's a lot of legitamate complexity here that people seem deeply invested in ignoring rather than learning about.