Voice actors can pursue some claims over AI voiceovers, US court says
U.S. District Judge J. Paul Oetken dismissed, opens new tab most of the federal copyright and trademark law claims in the lawsuit but denied Lovo's bid to dismiss claims that it violated the actors' publicity rights.
Oetken also permitted the actors to amend their claim that Lovo's AI training infringed their copyrights. The case is part of a wave of lawsuits in which tech companies have been accused of misusing content including books, news articles and song lyrics to train generative AI systems.
The actors' attorney, Steve Cohen of Pollock Cohen, called the decision a "spectacular victory" and said he was "confident that a jury will come to the same conclusions as Judge Oetken and hold big tech accountable." Spokespeople and attorneys for Lovo did not immediately respond to a request for comment on the decision.
Plaintiffs Paul Skye Lehrman and Linnea Sage said in the proposed class action filed last year that they were approached on freelancer marketplace Fiverr to provide voiceover work for anonymous clients. Lehrman was allegedly told his voice would be used only for a "research project," while Sage was told her voice would be used only with "test scripts for radio ads."
The actors said they later learned Lovo sold the use of Lehrman's voice to subscribers as "Kyle Snow" and Sage's as "Sally Coleman." According to the complaint, the company responded to a cease-and-desist letter by claiming that the actors' voices were "not popular" and that their sales were "negligible."
Lovo asked the court in January to dismiss the case.
"Plaintiffs continue to try to tell a tale filled with pathos and the woes of artificial intelligence," the company said in a court filing. "However, their story and concern do not relate to Lovo's interactions with named Plaintiffs and fails to state an actionable claim."
Oetken concluded the actors were not entitled to trademark protection for their voices and that Lovo's "imperfect mimicry" of them did not infringe their copyrights.
The judge, however, said the actors could file an updated complaint alleging Lovo's use of their voice recordings for AI training violated their copyrights. He also said the actors could advance their claim that Lovo violated their commercial rights in their voices under New York law.
The case is Lehrman v. Lovo Inc, U.S. District Court for the Southern District of New York, No. 1:24-cv-03770.
For the voice actors: Steve Cohen of Pollock Cohen
For Lovo: David Case and Michael Lazaroff of Rimon Law
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