With artificial intelligence rapidly advancing, we are posed with new challenges on how we can protect our identity. As examples of deepfakes are spread across the internet, concerns are raised regarding not only the manipulation of someone’s physical likeness but also of their voice. Until recently, the concept of ‘ownership’ of a human voice has been largely overlooked. However, evolving technology and the extensive collection of voice samples on the internet have brought this issue to the forefront, demanding urgent consideration.
What could someone do with your voice if there were enough recordings of it?
Voice cloning, a process where algorithms are used to create convincing copies of voices, has emerged as a hot topic in discussions surrounding artificial intelligence. These clones, capable of mimicking the nuances and intonations of genuine voices, are often employed for various purposes; from lighthearted entertainment to spreading misinformation. The amount of video and audio clips containing voice clones has skyrocketed in recent years, posing significant challenges for individuals who find themselves targeted. In 2019, a video of House of Representatives Speaker Nancy Pelosi surfaced where her voice had been deliberately manipulated to give the appearance that she was intoxicated. Similarly, last year, a documentary was released using a voice-over by Stephen Fry, despite him having never recorded it. The voice clone had been created using recordings of his Harry Potter audiobook narrations.
Although audio deepfakes are often used for humorous purposes, voice cloning technology has obvious potential dangers. What could someone do with your voice if there were enough recordings of it? The reality is that, despite our connection with our voices, we have no legal rights over it. While the United States offers greater potential for protection, for example, through publicity rights, giving individuals the right to control commercial use of their identifying aspects, as well as a potential ‘No AI FRAUD Act’ that is currently under consideration, ‘owning’ your voice in the UK presents more significant challenges due to limitations of the current legal frameworks.
One potential avenue in protecting your voice is through copyright protection. You may have copyright if your voice has been captured in a recording. However, it’s crucial to understand that the copyright would belong to the person who made the recording, not the speaker. Rather than the actual voice having copyright, it is the particular recording that does. Copyright protection may offer little recourse if someone else has recorded your voice. .
In a commercial context, individuals (especially celebrities) may find some protection under the “Passing Off” Law. This law prevents others from misrepresenting goods or services associated with someone else. Thus, individuals whose voices are closely tied to their professional identity or brand may be able to take legal action against those who misuse their voices.
Of course, this does not mean that anyone is free to use your voice for just about anything if you are not a celebrity. Recordings of your voice to access private information, such as your bank account details, are fraudulent and constitute a criminal offence. A voice recording employed for illegal purposes will naturally be unlawful. Outside of this, the harsh reality is that you do not own your voice, and you don’t have legal pathways open to protect it.
As artificial intelligence continues to challenge our legal systems, it is imperative that we continue to protect the integrity and autonomy of individuals in the face of technological innovation.
Technology is evolving, and the law must evolve with it. As it stands, the law isn’t equipped to fully address the complexities of voice ownership and protection. There is a need to develop regulatory frameworks that adequately tackle the harms that come with voice cloning and deepfake technology. As artificial intelligence continues to challenge our legal systems, it is imperative that we continue to protect the integrity and autonomy of individuals in the face of technological innovation.