Taylor Swift is adding to her trademark portfolio in what appears to be a legal move aimed at stopping unauthorized creation of artificial intelligence.
Two of the trademark applications filed Friday seek to protect her voice. There are clips of her saying, “Hi, I’m Taylor Swift” and “Hi, I’m Taylor.” The third photo, which aims to counter AI images created on the internet using AI, features a photo of the singer holding a pink guitar, wearing a black strap, a multi-colored bodysuit and silver boots.
These trademarks represent new avenues that celebrities are pursuing to fight back against AI companies and users that simulate their likenesses and voices without their permission. Earlier this year, Matthew McConaughey had several trademark applications approved, including audio of him saying the film’s iconic line, “It’s okay, it’s okay, it’s okay.” stunned and confused Another shows him standing on the porch.
A patchwork of right-to-publicity laws is intended to protect celebrities from having their brands stolen to promote products. However, some states do not have such laws in place, making enforcement difficult.
Mr. Swift and Mr. McConaughey are likely hoping that the fear of a federal lawsuit with a trademark will deter abuse. In Swift’s case, she could hypothetically claim that AI creations using her voice and image infringe on her intellectual property rights.
Still, this theory remains untested. Trademarks protect against similar reproductions that may confuse consumers, but they are not intended to be used as a blanket protection for all features of a performer’s brand.
“I don’t think it would be very effective except in rare circumstances,” said Matthew Asbell, an intellectual property attorney at Lippes Mathias. “Sound trademarks are specifically limited to what Taylor actually resides in: ‘Hi, I’m Taylor’ or ‘Hi, I’m Taylor Swift.'”
As a result, the phrases featured in Swift’s trademark bid carry more weight than the singer’s voice. “So, unless used by another party, [her] If you’re saying the same thing or something similar, it should be difficult to enforce using these trademarks,” Asbell added.
The same issue applies to applications targeting Swift’s photos. Reproductions that infringe on trademark rights must use similar images to allow for more uses if the trademark is allowed.
There’s also the question of whether the phrase “Hi, I’m Taylor” is well known enough to warrant a level of protection. The singer is super famous, but that line doesn’t seem to be.
Last year, an AI-generated version of Swift’s “The Fate of Ophelia” hit Spotify’s Top 50 chart in Brazil before being removed. The track used AI to blend Swift’s voice with a synthetic voice modeled after a top Brazilian singer. Even if Swift were granted a modern trademark, there would be little recourse for creators to challenge AI copying across borders.
