Judge Oetken’s decision on Lovo, Inc.’s motion to dismiss is finally out.
Some of the claims of the voice actors Paul Lerhma and Linnea Sage survived:
“The motion is denied as to Sage’s copyright claims based on the use of her original voice recording, and as to Plaintiffs’ contract claims, New York Civil Rights Law claims, and New York General Business Law claims. The motion is granted with leave to amend as to Plaintiffs’ copyright claims based on the use of their recordings to train the Genny AI model.”
“This case involves a number of difficult questions, some of first impression. It also carries potentially weighty consequences not only for voice actors, but also for the burgeoning AI industry, other holders and users of intellectual property, and ordinary citizens who may fear the loss of dominion over their own identities.
“Ultimately the Court concludes that, for the most part, Plaintiffs have not stated cognizable claims under federal trademark and copyright law. However, that does not mean they are without a remedy. Rather, claims for misappropriation of a voice, like the ones here, may be properly asserted under Sections 50 and 51 of the New York Civil Rights Law, which, unlike copyright and trademark law, are tailored to balance the unique interests at stake. Plaintiffs also adequately state claims under state consumer protection law and for ordinary breach of contract.”
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