Taylor Swift is taking legal action to protect her voice and image from unauthorized AI-generated content, filing trademarks with the United States Patent and Trademark Office (USPTO).

Protecting Against AI Imitation

The singer’s team recently submitted trademark applications for the phrases “Hey, it’s Taylor Swift” and “Hey, it’s Taylor,” along with an image of Swift performing on stage. These filings include audio clips of Swift speaking the phrases, originally used in promotional material for her album, 'The Life of a Showgirl,' and a detailed description of her stage attire.

Addressing a Growing Threat

This proactive step comes after Swift faced issues with AI-generated music mimicking her style and the creation of non-consensual, sexualized deepfakes featuring her likeness. The increasing sophistication of AI technology poses a significant challenge to artists seeking to control their image and creative work.

Legal Challenges and Strategies

Current copyright law primarily protects the composition of a song, not the unique characteristics of an artist’s voice. This gap in legal protection has led to exploration of alternative strategies, such as trademark law.

Trademark Potential

IP attorney Josh Gerben explains that trademarks could allow Swift to challenge not only exact copies but also imitations that are “confusingly similar.” The trademarked image could also be used to combat similar AI-generated visuals. Actor Matthew McConaughey recently employed a similar strategy, securing trademarks for his signature phrases.

Soundmark Scrutiny

However, legal experts like Alexandra Roberts, a professor of law and media at Northeastern University, are skeptical whether the submitted audio clips will qualify as a soundmark, typically reserved for distinctive sounds used in isolation. The USPTO may issue preliminary refusals, requiring Swift’s team to provide further evidence of usage.

Broader Legal Landscape

Beyond trademarks, Swift benefits from right of publicity laws in several states, protecting individuals from the unauthorized use of their name or likeness. Federal laws also offer recourse against false advertising and endorsements.

Evolving Legislation

Tennessee has enacted legislation specifically addressing AI-generated voice clones, but broader legal frameworks are still lacking. Even YouTube’s deepfake detection tool currently focuses on facial impersonations. Law professor Xiyin Tang suggests trademarks can deter less sophisticated infringers.

As AI technology advances, artists are increasingly seeking ways to defend against the replication of their images and voices, highlighting the urgent need for comprehensive legal solutions to address the challenges posed by AI-generated content. This situation underscores the ethical and legal implications of AI in creative fields and the ongoing struggle to balance innovation with the protection of artists’ rights and intellectual property.