Cloning the Stars: Exploring the ethical (and legal) nuances of AI brand ambassadors

ChatGPT has just celebrated its second birthday, and far from experiencing the dreaded Terrible Twos, the platform seems to be going from strength to strength. It currently has 180 million users worldwide and passed a 'rigorous' Turing test earlier this year. Not bad for a two-year-old! 

That's not to say it's all been plain sailing though. ChatGPT's creator, OpenAI, hit the headlines in May when eagle-eared users noticed that the voice of one of its latest ChatGPT avatars sounded very similar to Scarlett Johansson's. 

The American actor famously provided the voiceover for the AI companion Samantha in Spike Jonze's 2013 sci-fi romance film Her. And it didn't take long for people to start comparing OpenAI's 'Sky' voice product to Johansson's voice. 

OpenAI has understandably claimed that Sky isn't an imitation of Johansson, and instead belongs to a voice actress using her own voice. Nevertheless, the company has stopped using the Sky product in the meantime. 

And it’s understandable in this new frontier of AI replication that celebrities and other ambassadors are cautious. Last month, Robert Downey Jr threatened to sue anyone who used AI to make deepfake replicas of him.

It’s a very reasonable position for any celebrity to take. Along with everyone else at UneeQ, I’m excited about the potential for brands and sports entities in particular to bring celebrities and well-known personalities to life digitally. That said, there are best practices that are imperative to follow and uphold others in the industry to. That means taking legal and ethical responsibility when creating digital humans. 

So, let's dive into what it means to build an AI personality responsibly, so that any AI celebrity ‘cloning’ or replication project is set up for success for all parties involved. 

What's in a name? (or voice, or face)

The 'Sky' saga wasn't Scarlett Johansson's first feud with an AI firm. Last year, she sued an AI app developer that used her name and likeness in a social media ad. Actor Tom Hanks was also forced to warn fans that an AI version of him featured in a dental ad was created without his permission. 

What does the law say? Every country handles things differently, but any AI 'clone' of a real human used for commercial purposes is typically subject to licensing requirements. 

A person's likeness – whether it's their voice, face, or other features – is their intellectual property (IP), so it's important to find the licensing agent or rights holder for that person and get explicit approval before using their likeness for a digital makeover. This includes a well-known character an actor has played in a movie or series.

And it's not just celebrities who are covered; voice actors are also protected. TikTok settled a lawsuit with actor Bev Standing in 2021 after she claimed the company used her voice without permission for its original text-to-speech feature. 

Contrary to popular belief, very little of a person's likeness is in the public domain, even if that person is famous or has given permission for their IP to be used in other projects. Consent is therefore key.

As best practice, brands, sports organizations, and the like should get explicit approval from the entity that holds the rights to a particular person's likeness. That includes written and verbal approval from the individual themselves (or their estate if they are deceased), as well as a range of other possible third-party rights holders, such as film studios, music labels, media organizations, or sporting associations. 

The good news is that, when done properly, creating AI celebrities and other famous faces can help brands build much more engaging fan experiences and even connect legends of the past with generations to come. They scale celebrity interaction in a way where everyone can have an otherwise once-in-a-lifetime experience.

Think getting singing lessons from Taylor Swift, taking acting advice from Matt Damon, or having The Rock as your personal trainer.

Example: Bringing Digital Einstein to life

In 2021, we worked in close partnership with the Hebrew University of Jerusalem and their licensing agent at the time to create a lifelike Albert Einstein in digital form. Our Digital Einstein was painstakingly designed to ensure the appearance, voice, and mannerisms of the German Nobel Prize winner were as accurate as possible. 

And the results speak for themselves. We saw a: 

• 500% rise in social media ad click-through rates
• 112% increase in new contacts created
• 270% jump in booked meetings 

Brands can also create compelling content quickly and at scale without celebrities having to spend all day in a recording studio. Ultimately, when the right approvals and guardrails are in place it's a clear win-win for brands and their ambassadors.

Attack of the Clones? Not quite

I've talked about some of the ethical and legal challenges involved in using AI to create digital versions of famous people, but we should also recognize how it can help to preserve their legacy and enable new generations of fans to enjoy their work long after they're gone. 

Earlier this year, American actor James Earl Jones sadly passed away at the age of 93. Over a long and storied career, Jones became one of just a few performers to achieve the EGOT – winning an Emmy, a Grammy, an Oscar, and a Tony Award. 

But while Jones' résumé on stage and screen is no doubt impressive, he's perhaps best known for one unique feature: his voice. The actor's deep bass delivery brought to life some of film's most iconic characters, including Darth Vader from the Star Wars franchise and everyone's favorite feline father in The Lion King, Mufasa.  

President George W Bush once joked: "People say that the voice of the president is the most easily recognized voice in America. Well, I'm not going to make that claim in the presence of James Earl Jones."

Because Jones' voice is so distinctive, a lot of effort has gone into preserving it. 

In 2022, the actor, then 91, worked closely with Star Wars owner Disney and voice cloning technology company, Respeecher, to recreate his signature vocals using AI, so that it could be used in the upcoming miniseries Obi-Wan Kenobi without needing to record new lines. A fascinating Vanity Fair article outlines how they made the magic happen.  

What's more, Jones signed a deal that now allows Disney to continue using his voice within the Star Wars universe after his death, allowing the legendary voice of Darth Vader to live on.

In all instances, Jones was heavily involved in the process and gave his explicit approval for his voice to continue being used across Star Wars media. 

This is a great example of how AI can be used ethically and legally to bring digital versions of famous people to life in a way that keeps everyone happy: fans, brands, and the stars themselves.

So what will the future hold?

Will the AI ‘cloning’ treatment be attractive or appropriate for every celebrity? No, there’ll be plenty of people who for commercial or personal reasons wouldn’t want to recreate themselves in some way using AI. 

But many will – to connect with new audiences, to scale into new areas of opportunity, to create new revenue streams, or to preserve their legacy for centuries to come.

Alibaba claims the global AI influencer market will swell from $4.6 billion in 2022 to $25.1 billion by 2032. 

So change is here. Let’s make sure it’s the change we all want, by building AI ambassadors in a responsible, moral, and legally safe way.

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