The estate of George Carlin filed a lawsuit on Thursday in a California federal court, taking legal action against the creators of a comedy special that utilizes generative artificial intelligence (AI) to replicate the late comedian’s voice and humor style without consent or compensation.
The legal complaint asserts that the creators employed Carlin’s entire body of work spanning five decades of comedy routines to train an AI chatbot, which generated the script for the comedy special. The lawsuit also raises objections to the use of Carlin’s voice and likeness for promotional purposes.
The legal action seeks a court order to immediately remove the special and unspecified damages. Notably, it represents one of the initial legal responses from the estate of a deceased celebrity concerning the unauthorized use of their work and likeness to produce a new AI-generated creation.
Kelly Carlin, the comedian’s daughter, issued a statement characterizing the work as “a poorly-executed facsimile cobbled together by unscrupulous individuals to capitalize on the extraordinary goodwill my father established with his adoring fanbase.”
The lawsuit names the Carlin estate and its executor, Jerold Hamza, as plaintiffs, alleging violations of Carlin’s right of publicity and copyright. The defendants include Dudesy and podcast hosts Will Sasso and Chad Kultgen. The legal action asserts that none of the defendants had the authorization to use Carlin’s likeness for the AI-generated special or a license to utilize any of the late comedian’s copyrighted materials.
As of now, the defendants have not responded to the lawsuit, and it remains unclear whether they have retained legal representation.
The lawsuit highlights a podcast episode released by Dudesy that the AI engine claims to have imitated. Carlin’s voice, cadence, and attitude are based on 50 years of material. The legal complaint argues that if this was the method used, it constitutes a violation of Carlin’s copyright.
Attorney Josh Schiller, representing the plaintiffs, emphasized in a statement that the case is not solely about AI but also concerns the actions of humans who use AI to violate the law, infringe on intellectual property rights, and disregard common decency.
AI Concerns In Holywood
More than 60,000 members of the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) initiated a strike on July 14, 2023, aligning with screenwriters who had already been on strike for over two months. This marked the first instance since 1960 when the two unions simultaneously engaged in a strike. The deadlock between the studios and writers concluded on Sept. 26, 2023, with a negotiated deal.The newly established agreement facilitates professional voice-over artists exploring digital voice replica opportunities, incorporating industry-leading protections tailored to AI technology. This allows Replica to offer top SAG-AFTRA talent to AAA video game studios and other companies working with AI voice technology.
The agreement, a collaboration between the prominent AI voice company and the world’s largest performers’ union, permits Replica to engage SAG-AFTRA members under a fair and ethical agreement to create and license a digital replica of their voice. These licensed voices can be utilized in various stages of video game development and other interactive media projects.
Approved by the union’s voice-over performer community, this contract signifies a crucial stride toward the ethical utilization of AI voices in creative projects by game developers. It establishes the foundation for just and equitable employment of voice actors as they explore revenue opportunities provided by AI. Alongside setting minimum terms and conditions, the agreement ensures performer consent and negotiation for the use of their digital voice replicas and grants performers the option to opt out of continued use in new works.
SAG-AFTRA President Fran Drescher expressed satisfaction with the partnership, emphasizing the significance of a SAG-AFTRA contract as a safeguard against unauthorized digital simulations of voice, likeness, and performance amid the prominence of artificial intelligence.
Duncan Crabtree-Ireland, national executive director and chief negotiator of SAG-AFTRA, highlighted the importance of protecting voice talent rights in the face of advancements in AI technology. He noted that the agreement achieves fully informed consent and fair compensation for the use of members’ voices and performances, facilitating ethical access to SAG-AFTRA’s renowned talent.
Replica Studios CEO Shreyas Nivas conveyed pride in partnering with SAG-AFTRA to introduce an ethical approach to generative AI. Mr. Nivas emphasized the opportunities this collaboration opens for leading AAA studios, allowing them to benefit from Replica’s AI voice technology while ensuring fair recognition and compensation for talent.
The voice actor agreements within the partnership guarantee that game developers using the platform access licensed talent with explicit permission for voice utilization, distinguishing it from unethical data-scraping methods employed by some AI platforms.