Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 22, Issue 17
Share on Social
Artificial Intelligence Resurrects Val Kilmer’s Voice for ‘Top Gun: Maverik’
By Art Hallman
Top Gun: Maverik has dominated the box office this summer, surpassing $1.37 billion globally, and has become Tom Cruise’s highest grossing movie of all time. To the delight of Top Gun fans, Val Kilmer returned as Tom “Iceman” Kazansky.
Kilmer’s health has been in the headlines for years and, sadly, he lost his ability to speak after battling throat cancer. But for his return to the big screen, Kilmer partnered with the London startup Sonantic to digitally recreate his voice. Sonantic is a voice synthesis company that uses an artificial intelligence engine to create expressive and realistic artificial voices.
Sonantic generates voice models by feeding its proprietary algorithms with hours of archival footage of specific individuals speaking. However, a substantial portion of the available archival footage of Kilmer was off-limits due to licensing issues. This left Sonantic with a suboptimal amount of footage to feed into the existing software to create Kilmer’s model. To compensate, Sonantic developed new algorithms capable of generating a better-quality voice model with the limited amount of available footage. Then, Sonantic generated multiple voice models and selected the model that most closely mimicked Kilmer’s voice. The result was a voice model with the capability of creating completely new dialogue with emotional expression, inflection, and nuance—which is a giant leap from the mixed-tape method of stitching together existing recorded dialogue clips.
Kilmer’s collaboration with Sonantic raises several intellectual property concerns. For instance, who owns Kilmer’s recreated voice? Kilmer? Sonantic? No one? Can Kilmer prevent Sonantic from using his cloned voice in other content? Can Sonantic or Kilmer prevent other parties from appropriating or copying the cloned Kilmer voice? How much say should Kilmer and Sonantic each have in the use of the cloned voice going forward?
Currently, there are no federal or state laws that directly address the simulation or recreation of an individual’s voice by A.I. It is unclear whether, or how, existing legal theories, like copyright law and publicity rights, might apply to the use or misuse of artificially cloned voices. Additionally, the proliferation of A.I. voice cloning has already led to sophisticated criminal activity—like a $35 million bank heist in 2020—and a $240,000 fraud scheme. Also, some uses have raised ethical concerns—like the posthumous cloning of Anthony Bourdain’s voice in a documentary film to speak a few sentences the late celebrity chef wrote, but never said aloud.
As A.I. continues to drastically evolve, political pressure is escalating for Congress to modernize intellectual property laws to keep pace with technological advancements. Progress is slow when it comes to intellectual property law, and there is no certainty that meaningful reform will occur anytime soon. Until legislation catches up, parties should carefully draft and review contract and licensing provisions regarding the ownership and control of voice models at the outset of a project.
Art Hallman is an associate attorney at Fishman Stewart and practices in the fields of patent, trademark, copyright, and trade secret law. Before attending law school, he worked as an engineer in the oil field service industry and the automotive industry. He holds an B.S. degree in electrical engineering and an MBA.
Published August 25, 2022
Related Content from Fishman Stewart
First, a big “thank you” to all our readers who have given feedback on our newsletter. We appreciate your interest and insights. It is always a treat to hear from you! Second, we wanted to provide you with updates on some of our most popular articles
“Palworld”— a computer game created and published by Japanese developer Pocket Pair. Released as an early access game in January 2024, it sold over seven million copies on the computer platform Steam in the first five days and had nearly 20 million players in the first two weeks.
This year’s Super Bowl featured a thrilling overtime victory for the Kansas City Chiefs over the San Francisco 49ers. With estimates as high as 123 million viewers, America's premier sporting event also serves as a grand stage for creativity and intellectual property protections that enhance the game’s success.
Valentine’s Day is just around the corner and jewelry sales are usually around $6 billion USD in the United States alone. In 2021, the US Customs and Border Protection agency seized over $1 billion USD worth of counterfeit pieces of jewelry.
Detroit Lions In Copyright Dispute Over Barry Sanders Statue
Fish Tank: Newsletter Volume 24, Issue 3
This season marked many ‘firsts’ for the Lions including unveiling the first statue at Ford Field immortalizing a former Lion: Barry Sanders. However, some may not consider the Sanders statue a clear ‘win’ for the Detroit Lions franchise.
A few years ago, the Copyright Office received a large number of requests from Twilight fans who wanted to get a peek at the registered and unpublished manuscript of Stephanie Meyer’s Forever Dawn.
Demetrious Polychron was a big fan of The Lord of the Rings books by author J.R.R. Tolkien, which described the world of Middle Earth where Hobbits, Elves, Dwarves, Wizards, and other creatures engage in an epic battle of good and evil involving a ring with magical powers.
Public Domain Day is celebrated on January 1st and commemorates the expiration of copyright protection for certain creative works.
Taylor Swift has had an incredible 2023. Her “Eras Tour” has been a massive success, becoming one of the most profitable tours for an artist of all time. The release of the concert film of the tour became the highest-grossing concert film of all time.
Why is IP Protection Crucial for Small Businesses? We understand the challenges faced by small businesses, and we encourage you to take proactive measures to protect your intellectual property.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®