“Say you, say me… but if you’re an AI, I’d strongly advise you not to say it in MY voice, or my attorneys will be on you like a ton of bricks…” That’s possibly what Lionel Richie will be singing next time he takes the stage…
Or not. But Richie has become the latest artist to file trademark applications focused on his voice, in an effort to protect himself from unauthorised exploitation by AI cloning.
Gerben Law has the details of the four applications, each of which focuses on a phrase from Richie’s storied back catalogue: ‘Hello, Is It Me You’re Looking For?’, ‘Say You, Say Me’, ‘Easy Like Sunday Morning’ and ‘All Night Long’.
He joins Taylor Swift and actor Matthew McConaughey in taking this approach of using trademark law to protect his vocal brand, as an extra to copyright law’s protection for his songs, lyrics and recordings. Expect more musical stars to follow.
These are filings, but that doesn’t mean they are protecting the artists just yet. As Gerben Law explained, they will now have to be approved by the United States Patent and Trademark Office (USPTO). And that’s not a given.
“Whether Richie’s applications ultimately succeed remains an open question. From a technical trademark perspective, these filings will be challenging because the USPTO will expect evidence that the sounds function as trademarks rather than simply famous lyrics,” it noted.
“Ultimately, before any registration can issue, Richie will need to demonstrate that the phrases are being used in a branded manner consistent with trademark law. What will be most interesting to watch is how Richie and his legal team attempt to create the trademark use necessary to support registration.”
[Photo: Derek Bremner]
