When AI can copy your voice, can a registered trademark stop it? The case of Matthew McConaughey
In an era in which a single click can generate a convincing “replica” of a voice, persona, or recognizable phrase, the boundary between inspiration and deception has become harder to draw than ever. The case of Matthew McConaughey, who chose to protect his voice and associated catchphrases through the registration of a non-traditional trademark, illustrates how familiar tools from trademark law may become an effective line of defense against AI-based imitations. This raises a broader question: what truly requires active protection, and which legal mechanisms can assist when the “persona” itself becomes the asset that others attempt to replicate?
Artificial intelligence is now entering all areas of life, and the body of knowledge it contains is nearly infinite. Part of the way it learns and operates often raises the question: does this involve the infringement of prior rights? For example, artificial intelligence derives its knowledge from publicly available content, such as information websites, articles and blogs, forums, encyclopedic entries, and technical and scientific documentation.
The information that reaches AI systems is sometimes drawn from content created by human experts and reviewers, and at other times from dedicated databases. In many cases, the information comes directly from websites accessible to the public, since, at present, most of the information available to us appears in one form or another online. For this reason, artificial intelligence has access to extensive information that includes, among other things, materials that may be protected by intellectual property rights, such as copyrights, patents, trademarks, and designs, as well as by various laws safeguarding the intellectual property of different entities.
A recent example published in this context concerns the protection granted to the voice of Matthew McConaughey, the well-known Hollywood actor, together with familiar phrases associated with him, such as:
“JUST KEEP LIVIN’, RIGHT? I MEAN WHAT ELSE ARE WE GONNA DO?”
“IT’D BE A LOT COOLER IF YOU DID”
“ARE YOU LIT?”
“REVEAL, REVIVE, TESTIFY”
The renowned actor, whose voice has long become his hallmark, along with his iconic phrases that have gained recognition over the years, objected to artificial intelligence systems being able to use his voice with these expressions to train models to imitate him.
At first glance, it may seem self-evident that a person’s voice, likeness, or expressions associated with them form part of their persona, reputation, and identity, particularly when the individual is a public figure. One might expect all of these elements to be integral personal assets that the individual seeks to protect. But is this truly self-evident? In an era in which artificial intelligence can easily imitate all these elements through machine learning and generate a persona using deepfake tools with great efficiency, often in a manner that makes it difficult to distinguish imitation from reality, these personal assets suddenly become vulnerable and far less self-evident.
The question that arises, therefore, is whether there is inherent protection for all these personal elements that compose one’s identity and constitute an integral part of the individual, or whether they must be actively protected. The answer is not always unequivocal. Laws differ across jurisdictions, and the boundary is not always clear. This is where the protection afforded by traditional intellectual property comes into play. In the modern era, existing legal frameworks may be used to protect an individual’s intellectual property, which may include, among other things, their likeness, voice, and associated expressions.
Returning to the case of Matthew McConaughey, he filed a trademark application in the United States, in the name of his company J.K. Livin Brands, Inc., for his well-known phrase “ALRIGHT ALRIGHT ALRIGHT” and other recognizable expressions, by means of protection through a sensory mark (non-traditional trademarks that protect sensory experiences – such as smell, sound, taste, or touch – that distinguish a brand). In this case, protection was granted for the phrase together with McConaughey’s voice, and the submitted proof of use included a short video showing the actor delivering the famous expression. The mark was registered in Class 9 for the following goods:
“Downloadable audio-visual media content, namely, downloadable audio and video recordings in the field of self-help, human growth and spirituality; Downloadable audio-visual media content, namely, downloadable audio and video recordings in the field of entertainment featuring television series, comedies, and dramas.”
The purpose of the registration is clear: to protect against the use of deep-fake software and artificial intelligence that imitates the actor’s voice together with the well-known phrase.
The importance of protecting trademarks of this kind is becoming increasingly relevant in the age of artificial intelligence, as traditional trademark protection, such as the name of a product or service or its logo, may prove insufficient to prevent use by AI-generated deepfakes.
Artificial intelligence is here to stay, and alongside its advantages it also brings numerous disadvantages and risks. However, the encouraging news is that there are ways to respond:
one simply needs to recognize that such measures are possible and act through the appropriate channels. Intellectual property law can assist far beyond the traditional protection of product or service branding; it can protect personal reputation itself, particularly where such elements serve to identify the source of certain goods or services.
