Taylor Swift moves to trademark voice and image amid AI concerns

Taylor Swift moves to trademark voice and image amid AI concerns

Taylor Swift has filed trademark applications covering her voice and visual likeness, in a move to guard against AI-driven impersonations.

The singer has submitted three applications in the US: one based on a photograph of her performing during the Eras Tour, and two others featuring audio clips of her introducing herself while promoting her most recent album.

AI-generated depictions of Swift have proliferated in recent years, ranging from explicit imagery to a fabricated political advertisement in which she appeared to encourage support for Donald Trump.

Her filings follow a similar step by actor Matthew McConaughey, who earlier this year became the first celebrity to invoke trademark protections in an effort to shield his voice and image from AI misuse. Such applications represent an emerging legal strategy as public figures respond to increasingly sophisticated digital replicas.

The image submitted with Swift’s application depicts her on stage “holding a pink guitar, with a black strap and wearing a multi-colored iridescent bodysuit with silver boots”, according to the filing.

She has also sought to trademark audio recordings of herself saying “Hey, it’s Taylor” and “Hey, it’s Taylor Swift”, taken from promotional clips produced for Spotify and Amazon Music ahead of her album The Life of a Showgirl last year.

Stuart Casey, partner at Spencer West LLP, said: “More than a decade ago Taylor Swift sung about the distinctive ‘long hair, slicked back, white T-shirt’ look that is always associated with James Dean. But can she prove that her voice alone is distinctive enough to be registered as a trade mark?

“Applying to register particular sounds as trade marks is not new. Think of the distinctive ‘Ta-Dum’ each time you stream Netflix or the roaring lion associated with MGM. Taylor’s team will need to show that her voice – as a sound trade mark – is distinctive and is capable of distinguishing her goods and services from others. In short, that sound must be her brand identifier.

“Whilst that may appear to be a relatively easy hurdle for her, there will be challenges not just in accurately describing the sound but also in showing that the phrase is not simply part of her ‘product’. When it comes to enforcing her rights, in an age of AI created media, showing that the trade mark is being used in an identical or confusingly similar is also likely to be difficult in all but the most clear cut of uses. Relying on copyright may be another part of her strategy to challenge the ever-increasing use of AI.”

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