OpenAI, the artificial intelligence research company, is facing potential legal trouble after its recent demo of ChatGPT updates included an AI assistant voice named Sky that sounded remarkably similar to actress Scarlett Johansson. Legal experts say Johansson has a strong case based on the right of publicity laws, which protect a person’s identifying features from unauthorized commercial use.

Johansson has not filed a lawsuit yet, but she has hired lawyers and sent letters to OpenAI demanding an explanation for how Sky’s voice was created. This follows OpenAI previously approaching Johansson about voicing the AI assistant, which she declined.

Lawyers say Johansson can leverage the right of publicity laws to argue that OpenAI misappropriated her voice. These laws exist at the state level in the US, with California, where OpenAI is headquartered, offering protections for a living person’s voice against unauthorized commercial use. Although California doesn’t explicitly address AI-generated voices, legal precedent suggests a celebrity with a distinctive voice can take action against entities using a similar voice to create the impression of an endorsement.

Johansson’s starring role as an AI assistant in the critically acclaimed film “Her” strengthens her case. The widespread public perception that Sky’s voice mimicked hers further bolsters her position. OpenAI CEO Sam Altman‘s social media post referencing the movie “Her” during the demo further fueled speculation of a deliberate imitation.

OpenAI has since removed the Sky voice, but legal experts question why they created it in the first place, especially considering Johansson’s known advocacy for protecting her intellectual property rights.

The future of the Sky voice remains unclear. Reintroducing it with a similar sound to Johansson’s voice could escalate the situation. This incident raises important questions about the ethical and legal implications of using AI to create near-replicas of celebrity voices.