scarlett johansson

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Sky voice actor says nobody ever compared her to ScarJo before OpenAI drama

Scarlett Johansson attends the Golden Heart Awards in 2023.

Enlarge / Scarlett Johansson attends the Golden Heart Awards in 2023.

OpenAI is sticking to its story that it never intended to copy Scarlett Johansson’s voice when seeking an actor for ChatGPT’s “Sky” voice mode.

The company provided The Washington Post with documents and recordings clearly meant to support OpenAI CEO Sam Altman’s defense against Johansson’s claims that Sky was made to sound “eerily similar” to her critically acclaimed voice acting performance in the sci-fi film Her.

Johansson has alleged that OpenAI hired a soundalike to steal her likeness and confirmed that she declined to provide the Sky voice. Experts have said that Johansson has a strong case should she decide to sue OpenAI for violating her right to publicity, which gives the actress exclusive rights to the commercial use of her likeness.

In OpenAI’s defense, The Post reported that the company’s voice casting call flier did not seek a “clone of actress Scarlett Johansson,” and initial voice test recordings of the unnamed actress hired to voice Sky showed that her “natural voice sounds identical to the AI-generated Sky voice.” Because of this, OpenAI has argued that “Sky’s voice is not an imitation of Scarlett Johansson.”

What’s more, an agent for the unnamed Sky actress who was cast—both granted anonymity to protect her client’s safety—confirmed to The Post that her client said she was never directed to imitate either Johansson or her character in Her. She simply used her own voice and got the gig.

The agent also provided a statement from her client that claimed that she had never been compared to Johansson before the backlash started.

This all “feels personal,” the voice actress said, “being that it’s just my natural voice and I’ve never been compared to her by the people who do know me closely.”

However, OpenAI apparently reached out to Johansson after casting the Sky voice actress. During outreach last September and again this month, OpenAI seemed to want to substitute the Sky voice actress’s voice with Johansson’s voice—which is ironically what happened when Johansson got cast to replace the original actress hired to voice her character in Her.

Altman has clarified that timeline in a statement provided to Ars that emphasized that the company “never intended” Sky to sound like Johansson. Instead, OpenAI tried to snag Johansson to voice the part after realizing—seemingly just as Her director Spike Jonze did—that the voice could potentially resonate with more people if Johansson did it.

“We are sorry to Ms. Johansson that we didn’t communicate better,” Altman’s statement said.

Johansson has not yet made any public indications that she intends to sue OpenAI over this supposed miscommunication. But if she did, legal experts told The Post and Reuters that her case would be strong because of legal precedent set in high-profile lawsuits raised by singers Bette Midler and Tom Waits blocking companies from misappropriating their voices.

Why Johansson could win if she sued OpenAI

In 1988, Bette Midler sued Ford Motor Company for hiring a soundalike to perform Midler’s song “Do You Want to Dance?” in a commercial intended to appeal to “young yuppies” by referencing popular songs from their college days. Midler had declined to do the commercial and accused Ford of exploiting her voice to endorse its product without her consent.

This groundbreaking case proved that a distinctive voice like Midler’s cannot be deliberately imitated to sell a product. It did not matter that the singer used in the commercial had used her natural singing voice, because “a number of people” told Midler that the performance “sounded exactly” like her.

Midler’s case set a powerful precedent preventing companies from appropriating parts of performers’ identities—essentially stopping anyone from stealing a well-known voice that otherwise could not be bought.

“A voice is as distinctive and personal as a face,” the court ruled, concluding that “when a distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs.”

Like in Midler’s case, Johansson could argue that plenty of people think that the Sky voice sounds like her and that OpenAI’s product might be more popular if it had a Her-like voice mode. Comics on popular late-night shows joked about the similarity, including Johansson’s husband, Saturday Night Live comedian Colin Jost. And other people close to Johansson agreed that Sky sounded like her, Johansson has said.

Johansson’s case differs from Midler’s case seemingly primarily because of the casting timeline that OpenAI is working hard to defend.

OpenAI seems to think that because Johansson was offered the gig after the Sky voice actor was cast that she has no case to claim that they hired the other actor after she declined.

The timeline may not matter as much as OpenAI may think, though. In the 1990s, Tom Waits cited Midler’s case when he won a $2.6 million lawsuit after Frito-Lay hired a Waits impersonator to perform a song that “echoed the rhyming word play” of a Waits song in a Doritos commercial. Waits won his suit even though Frito-Lay never attempted to hire the singer before casting the soundalike.

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OpenAI pauses ChatGPT-4o voice that fans said ripped off Scarlett Johansson

“Her” —

“Sky’s voice is not an imitation of Scarlett Johansson,” OpenAI insists.

Scarlett Johansson and Joaquin Phoenix attend <em>Her</em> premiere during the 8th Rome Film Festival at Auditorium Parco Della Musica on November 10, 2013, in Rome, Italy.  ” src=”https://cdn.arstechnica.net/wp-content/uploads/2024/05/GettyImages-187586586-800×534.jpg”></img><figcaption>
<p><a data-height=Enlarge / Scarlett Johansson and Joaquin Phoenix attend Her premiere during the 8th Rome Film Festival at Auditorium Parco Della Musica on November 10, 2013, in Rome, Italy.

OpenAI has paused a voice mode option for ChatGPT-4o, Sky, after backlash accusing the AI company of intentionally ripping off Scarlett Johansson’s critically acclaimed voice-acting performance in the 2013 sci-fi film Her.

In a blog defending their casting decision for Sky, OpenAI went into great detail explaining its process for choosing the individual voice options for its chatbot. But ultimately, the company seemed pressed to admit that Sky’s voice was just too similar to Johansson’s to keep using it, at least for now.

“We believe that AI voices should not deliberately mimic a celebrity’s distinctive voice—Sky’s voice is not an imitation of Scarlett Johansson but belongs to a different professional actress using her own natural speaking voice,” OpenAI’s blog said.

OpenAI is not naming the actress, or any of the ChatGPT-4o voice actors, to protect their privacy.

A week ago, OpenAI CEO Sam Altman seemed to invite this controversy by posting “her” on X (formerly Twitter) after announcing the ChatGPT audio-video features that he said made it more “natural” for users to interact with the chatbot.

Altman has said that Her, a movie about a man who falls in love with his virtual assistant, is among his favorite movies. He told conference attendees at Dreamforce last year that the movie “was incredibly prophetic” when depicting “interaction models of how people use AI,” The San Francisco Standard reported. And just last week, Altman touted GPT-4o’s new voice mode by promising, “it feels like AI from the movies.”

But OpenAI’s chief technology officer, Mira Murati, has said that GPT-4o’s voice modes were less inspired by Her than by studying the “really natural, rich, and interactive” aspects of human conversation, The Wall Street Journal reported.

In 2013, of course, critics praised Johansson’s Her performance as expressively capturing a wide range of emotions, which is exactly what Murati described as OpenAI’s goals for its chatbot voices. Rolling Stone noted how effectively Johansson naturally navigated between “tones sweet, sexy, caring, manipulative, and scary.” Johansson achieved this, the Hollywood Reporter said, by using a “vivacious female voice that breaks attractively but also has an inviting deeper register.”

Her director/screenwriter Spike Jonze was so intent on finding the right voice for his film’s virtual assistant that he replaced British actor Samantha Morton late in the film’s production. According to Vulture, Jonze realized that Morton’s “maternal, loving, vaguely British, and almost ghostly” voice didn’t fit his film as well as Johansson’s “younger,” “more impassioned” voice, which he said brought “more yearning.”

Late-night shows had fun mocking OpenAI’s demo featuring the Sky voice, which showed the chatbot seemingly flirting with engineers, giggling through responses like “oh, stop it. You’re making me blush.” Where The New York Times described these demo interactions as Sky being “deferential and wholly focused on the user,” The Daily Show‘s Desi Lydic joked that Sky was “clearly programmed to feed dudes’ egos.”

OpenAI is likely hoping to avoid any further controversy amidst plans to roll out more voices soon that its blog said will “better match the diverse interests and preferences of users.”

OpenAI did not immediately respond to Ars’ request for comment.

Voice actors versus AI

The OpenAI controversy arrives at a moment when many are questioning AI’s impact on creative communities, triggering early lawsuits from artists and book authors. Just this month, Sony opted all of its artists out of AI training to stop voice clones from ripping off top talents like Adele and Beyoncé.

Voice actors, too, have been monitoring increasingly sophisticated AI voice generators, waiting to see what threat AI might pose to future work opportunities. Recently, two actors sued an AI start-up called Lovo that they claimed “illegally used recordings of their voices to create technology that can compete with their voice work,” The New York Times reported. According to that lawsuit, Lovo allegedly used the actors’ actual voice clips to clone their voices.

“We don’t know how many other people have been affected,” the actors’ lawyer, Steve Cohen, told The Times.

Rather than replace voice actors, OpenAI’s blog said that they are striving to support the voice industry when creating chatbots that will laugh at your jokes or mimic your mood. On top of paying voice actors “compensation above top-of-market rates,” OpenAI said they “worked with industry-leading casting and directing professionals to narrow down over 400 submissions” to the five voice options in the initial roll-out of audio-video features.

Their goals in hiring voice actors were to hire talents “from diverse backgrounds or who could speak multiple languages,” casting actors who had voices that feel “timeless” and “inspire trust.” To OpenAI, that meant finding actors who have a “warm, engaging, confidence-inspiring, charismatic voice with rich tone” that sounds “natural and easy to listen to.”

For ChatGPT-4o’s first five voice actors, the gig lasted about five months before leading to more work, OpenAI said.

“We are continuing to collaborate with the actors, who have contributed additional work for audio research and new voice capabilities in GPT-4o,” OpenAI said.

Arguably, these actors are helping to train AI tools that could one day replace them, though. Backlash defending Johansson—one of the world’s highest-paid actors—perhaps shows that fans won’t take direct mimicry of any of Hollywood’s biggest stars lightly, though.

While criticism of the Sky voice seemed widespread, some fans seemed to think that OpenAI has overreacted by pausing the Sky voice.

NYT critic Alissa Wilkinson wrote that it was only “a tad jarring” to hear Sky’s voice because “she sounded a whole lot” like Johansson. And replying to OpenAI’s X post announcing its decision to pull the voice feature for now, a clump of fans protested the AI company’s “bad decision,” with some complaining that Sky was the “best” and “hottest” voice.

At least one fan noted that OpenAI’s decision seemed to hurt the voice actor behind Sky most.

“Super unfair for the Sky voice actress,” a user called Ate-a-Pi wrote. “Just because she sounds like ScarJo, now she can never make money again. Insane.”

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