Taylor Swift Takes on AI Imitators with Trademarks

Taylor Swift Strengthens Her Defense Against AI

For several years, Taylor Swift has been at the center of discussions regarding imitation by artificial intelligence. Today, she is ramping up her efforts to protect herself from these imitations, becoming the latest celebrity to take legal action in this area. The confrontation between traditional legal systems and technological advancements is proving complex, and Swift's initiatives may encounter obstacles.

Trademark Applications for Iconic Phrases

Last week, Taylor Swift's team submitted trademark applications for two distinct phrases: "Hey, it's Taylor Swift" and "Hey, it's Taylor." These applications, filed by TAS Rights Management on behalf of the singer, include audio clips where Swift utters these phrases as part of the promotion for her latest album. In one of these clips, she states: "Hey, it's Taylor Swift, and you can listen to my new album The Life of a Showgirl on demand on Amazon Music Unlimited." Additionally, a trademark application has been made for a photo of Swift on stage, showing her with a pink guitar, a black strap, a multicolored iridescent bodysuit, and silver boots.

The Threat of Deepfakes and AI-Generated Music

Although Swift's team has not explicitly stated that these trademarks aim to protect against AI, it seems likely given her past experiences with this technology. Indeed, Swift has faced not only the threat of AI-generated music but also a proliferation of sexually explicit deepfakes.

The Limits of Copyright in the Face of AI

Historically, artists have used copyright to protect their musical creations. However, the emergence of AI-generated tracks complicates the defense of their work and image. Copyright protects the song itself but not the artist's voice. Legal teams must therefore innovate, as Universal Music Group (UMG) did by requesting the removal of an AI-generated song by Drake, based on the tag of producer Metro Boomin present at the beginning.

Trademarks as a New Legal Weapon

According to Josh Gerben, an intellectual property attorney, trademarks could fill the gap left by AI-generated imitation. Rather than targeting only exact reproductions, Swift could challenge "confusingly similar" imitations. The photo of Swift could also serve to combat AI-generated images. Earlier this year, Matthew McConaughey also obtained trademarks for video clips of himself, including his famous phrase "Alright, alright, alright," to protect himself against AI.

Mixed Opinions on the Effectiveness of Trademarks

However, Alexandra Roberts, a law and media professor at Northeastern University, expresses skepticism about the ability of the audio clip submitted by Swift to prove use as a trademark rather than just a phrase in a longer message. Typically, a soundmark refers to elements like NBC's chimes or MGM's lion roar, used in isolation at the beginning of each show or film. If the USPTO issues preliminary refusals, Swift's team can provide additional specimens to better meet the requirements.

A Tool Among Others to Counter AI

The trademarks filed by Swift could become an additional legal tool in her fight against AI imitators, even if their legal status remains uncertain. Xiyin Tang, a law professor at the University of California, Los Angeles, explains that these trademarks could deter less sophisticated counterfeiters by directing them toward federal registration, hoping this will convince them to stop, even if federal registration would not necessarily hold up in court.

Other Legal Avenues to Explore

Swift's team could also explore other avenues, such as publicity rights laws adopted in certain states, allowing individuals to sue for the unauthorized use of their name or image. Artists can also rely on federal law to combat false advertising and endorsements. "Swift has numerous trademarks for her name, so she can pursue federal trademark infringement if her name is used in a way that creates confusion," Roberts notes.

A Still Limited Legal Framework

Currently, only Tennessee has enacted a law specifically addressing AI-generated voice imitation of an artist. Even YouTube's deepfake detection tool, which allows celebrities, politicians, journalists, and creators to remove AI impersonators, only applies to faces. In the absence of a broader framework for AI voice impersonators, artists like Swift hope that trademark law can help protect them against AI imitators targeting not only their appearance but also their voice.