Taylor Swift's recent trademark applications could emerge as an additional legal instrument in the ongoing battle against sophisticated AI-generated counterfeits.
The acclaimed artist has been embroiled in controversies surrounding AI imitation for several years, now joining a growing number of public figures actively intensifying their efforts to safeguard against AI copycats. However, the intersection of legal frameworks and rapidly evolving technology often presents intricate challenges, suggesting that Swift's latest endeavors might prove to be an ambitious undertaking.
Last week, Swift’s legal team filed trademark applications seeking protection for two distinct phrases spoken by the singer: "Hey, it’s Taylor Swift" and "Hey, it’s Taylor." These applications, submitted by TAS Rights Management on behalf of Swift, notably include audio clips of the artist uttering these phrases, originally used in promotional material for her latest album. One such clip features Swift stating, “Hey, it’s Taylor Swift, and you can listen to my new album The Life of a Showgirl on demand on Amazon Music Unlimited.” Concurrently, TAS Rights Management also filed a trademark application for a specific photograph of Swift, depicting her on stage “holding a pink guitar, with a black strap and wearing a multi-colored iridescent bodysuit with silver boots.”
While Swift’s representatives have not explicitly stated that these trademarks are intended to counter AI misuse, this appears to be a highly probable motivation, given the singer's extensive history with AI-related issues. The star has not only faced threats from AI-generated music but has also contended with a surge of sexualized AI deepfakes.
Historically, artists have relied on copyright law to protect their musical creations. However, the proliferation of AI-generated tracks has complicated the defense of their work and likenesses. This difficulty stems from the fact that copyrights typically safeguard an artist’s song, but not their unique vocal characteristics. Consequently, legal teams have had to innovate, as exemplified by Universal Music Group (UMG) issuing copyright takedown requests for an AI-generated Drake song, citing the inclusion of the Metro Boomin producer tag at its outset.
According to IP attorney Josh Gerben, trademarks could effectively bridge the protection gap left by AI-generated mimicry. Instead of solely targeting exact replicas of her music, Swift "could potentially challenge not only identical reproductions, but also imitations that are ‘confusingly similar,’" Gerben explains. Similarly, the trademarked photograph of Swift could be utilized to pursue action against analogous AI-generated imagery. This strategy mirrors Matthew McConaughey’s actions earlier this year, when he secured trademarks for video clips of himself, including his iconic "Alright, alright, alright" phrase, to guard against AI misuse.
Nevertheless, Alexandra Roberts, a professor of law and media at Northeastern University, expressed skepticism to The Verge regarding whether the audio clip submitted by Swift’s team "demonstrates use as a mark, rather than just a phrase that’s included as part of a longer message." She elaborated, "Typically for a soundmark we’d think of something like the NBC chimes or the MGM lion roar that plays at the beginning of each show or movie in isolation… If the USPTO [US Patent and Trademark Office] does issue preliminary refusals, Taylor’s team will have a chance to provide different specimens that might do a better job satisfying the use requirement."
Despite potential legal ambiguities, Swift’s trademarks could still fortify her legal arsenal against AI-generated copycats. Xiyin Tang, a law professor at the University of California, Los Angeles, noted to The Verge that trademarks could serve to "warn off unsophisticated infringers by directing them to a federal registration number and certificate of registration and hope that convinces them to stop, not because the federal registration would actually hold up in court."
Swift’s team already has access to several established legal avenues, including "right of publicity" laws enacted in various states, which enable individuals to take legal action against the unauthorized use of their name or likeness. Artists can also invoke federal law to combat false advertising and endorsements. Roberts further pointed out, “Swift also has numerous trademark registrations for her name, so she can sue for federal trademark infringement if there’s a use of her name by someone else that creates a likelihood of confusion.”
Currently, Tennessee stands as the sole state to have enacted legislation specifically addressing AI-generated vocal impersonations of artists. Furthermore, YouTube’s deepfake detection tool, which empowers celebrities, politicians, journalists, and creators to remove AI-generated visual likenesses, presently only pertains to facial mimicry. In the absence of a comprehensive national framework for AI soundalikes, artists like Swift may increasingly turn to trademark law as a crucial defense against AI mimics that threaten to replicate not only their visual identity but also their distinctive voices.
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