Two phrases spoken in promotions for their latest album and a photograph from a concert from the ‘Eras Tour’. Taylor Swift has simply registered that with the US Patent and Trademark Office as a strategy to shield herself from generative AI. He is not the first famous person to walk this path, but he is the first so famous. AI is already beyond the control of platforms and courts: will it succeed when the (inevitable) clash with one of the most powerful people in today’s entertainment industry arrives?
The record. On April 24, Swift’s company, TAS Rights Management, submitted three applications before the United States Patent and Trademark Office (USPTO). They were detected and analyzed by the lawyer specialized in intellectual property Josh Gerben: two are sound markssound marks with the phrases “Hey, it’s Taylor Swift” and “Hey, it’s Taylor”, taken from promotional introductions to her album ‘The Life of a Showgirl’. The third is a visual mark: Swift with a pink guitar and black strap, bodysuit multicolored and silver boots, on a pink stage.
Legal loopholes. Generative AI can replicate a person’s voice without having to copy any specific file, usually protected by copyright. The model learns the timbre, the cadence, the phonetic pattern, and then generates completely new audios. Classic tools to protect copyright are of no use here. The loophole that Gerben believes can protect Taylor (and the rest of the artists) is the “trademark law” that pursues any use that is “confusingly similar” to something registered, that is, anything that is similar enough to generate confusion.
A complicated story. Swift comes to this decision after a long history of clashes with AI. In January 2024, a flood of pornographic images generated with AI They spread across X with such speed that the platform had to temporarily block searches for their name. They had been originated on 4chanwhere users competed to avoid the filters of platforms such as DALL-E or Microsoft Designer. And in the 2024 presidential campaign, Donald Trump shared artificially generated images which suggested that Swift supported him.
It’s not the first. Taylor Swift has a precedent in the guild. In January of this year, Matthew McConaughey became the first Hollywood actor to use this strategy on a large scale: eight trademarks that include video clips, audio recordings and his famous phrase “Alright, alright, alright” with which he debuted in ‘Movida del 76’. Paradoxically, McConaughey is an investor in ElevenLabs, a company specializing in AI voice cloning.
Another trivial precedent. In 2024, Scarlett Johansson publicly denounced that OpenAI had released a voice for its GPT-4o chatbot that sounded “eerily similar” to hers, even though Johansson had previously declined an offer to lend her voice. OpenAI withdrew it, but without giving any explanation as to whether it was due to legal pressure or for another reason. It was a small victory for artists in this field, but without a judicial resolution that could set a precedent.
The doubts. Gerben believes that there may be, thanks to this move by Swift, some deterrent potential: “in theory, if a lawsuit were filed over the use of Swift’s voice by an AI, she could claim that any use of her voice that sounds like the trademark violates her trademark rights.” Of course, he acknowledges that “the strategy of registering yourself has not yet been tested in court with respect to AI.” Swift and McConaughey are literally opening avenues that it is not yet clear how they will work legally.
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