In an article by Marina Alcaraz entitled “Taylor Swift, Matthew McConaughey… the stars turning their voices into trade marks to counter AI”, Sandra Strittmatter explains why registering a voice as a trade mark is gaining appeal in response to AI, and when such protection is actually available.
Why register your voice as a trade mark?
Historically, artists protected their recordings through copyright. Trade mark law offers complementary protection: according to Sandra Strittmatter, it strengthens protection and makes it easier to bring infringement proceedings. She anticipates that more public figures will seek to register their voices through distinctive phrases.
Not all voices can be protected
To qualify for protection, a voice must be used in a commercial context, with a sound element associated with a product or service. As with the MGM lion’s roar or Netflix’s “tu-dum”, it is the sound and the spoken content, taken together, that can be protected, rather than the voice in general.
Taylor Swift and Matthew McConaughey: the American pioneers
According to Les Echos, Taylor Swift filed applications with the United States Patent and Trademark Office (USPTO) for a sound recording and a photograph of herself on stage, following a similar move by Matthew McConaughey earlier in the year. The article highlights that the legal position on these issues remains unclear and that few cases reach the courts.
« It is not the voice in general that can be protected. »
— Sandra Strittmatter, Intellectual Property Partner, Franklin, in Les Echos
Franklin’s expertise in trade marks and artificial intelligence
The Intellectual Property department advises clients on protecting their trade marks, including non-traditional marks, and on legal issues relating to AI.
Read the article in Les Echos
Are you an artist, agent, brand or production company with questions about protecting a voice, sound or image against AI-driven uses? Contact the Franklin team.
