Elements of a Right of Publicity Claim:

1. Ownership of an enforceable right in their identity/voice
2. Unauthorized use of some aspect of their identity/voice
3. The appropriation of their identity/voice has commercial value
4. Lack of consent for the misappropriation
5. Resulting injury/damages

How It Applies to Marques:

• • As a public figure, Marques likely has an enforceable publicity right in his distinctive voice.
  • The company used an AI simulation of his voice without permission for advertising.
  • His voice has commercial value that the company sought to exploit.
  • Marques did not consent to this voice appropriation.
  • He’s suffered harm to his reputation, loss of compensation he’d normally receive for endorsements, and infringement of his voice rights.

FAQs:

• • Is an AI simulation of a voice considered the same as the actual voice legally? Many courts say yes – if the simulated voice is indistinguishable from the real one, the imitation is sufficient to trigger legal protections.
  • Do I need to register my voice somewhere to have a publicity right? No, the right exists inherently, but you can register a distinctive voice as a trademark for added protection.
  • What if I’m not a celebrity, do I still have voice rights? Yes, but the scope may be more limited for non-public figures and damages can be harder to prove without established commercial value.
  • Does it matter if the AI-generated voice is used for informational vs. commercial purposes? Yes, purely informational or expressive uses may be protected by the First Amendment, while commercial uses get less free speech deference.
  • If an AI learns my voice from publicly available sources, is that still illegal to use? Likely yes – the key is they’re using your voice without consent for commercial purposes, regardless of where they got voice samples to train the AI.

Elements of a False Endorsement Claim:

1. Use of a protected attribute (name, image, likeness, voice) suggesting endorsement
2. Appropriation of the commercial value of the person’s identity
3. Lack of consent for the use
4. Consumer confusion/deception about the endorsement or association
5. Resulting harm/damage to the plaintiff

How It Applies to Marques:

• • The ad used an AI replication of Marques’ voice to promote the product.
  • It capitalized on the commercial value of Marques’ voice and tech guru reputation.
  • The company never got Marques’ permission to simulate his voice this way.
  • Consumers hearing the ad would assume Marques endorsed the product.
  • Marques suffered reputational harm, loss of endorsement income, and voice right violations.

FAQs:

• • Does it matter if the company includes a disclaimer that it’s not really Marques’ voice? Possibly, but if the disclaimer is not prominent and clear enough to avoid confusion, it may not defeat a false endorsement claim.
  • What if they used an actor impersonator instead of AI? Very similar legal issues would apply – the key is the unauthorized imitation of a protected part of his identity for commercial use.
  • How much do you have to sound like the real person to trigger legal issues? Enough that an ordinary consumer would think it’s the actual celebrity and assume they endorsed the product/company.
  • Do you need to show actual confusion or just likelihood of confusion? Most courts just require showing a likelihood of confusion, but evidence of actual confusion helps prove the claim.
  • What if the simulated voice is obviously a parody? Parody can be a defense if it’s clearly not a real endorsement and is making a commentary on the celebrity, not just using their voice for commercial purposes.

Key Elements of a Cease and Desist:

1. Factual summary of the infringing conduct
2. Explanation of the rights being violated (publicity, trademark, privacy, etc.)
3. Demand to cease the conduct and provide written assurance by a set deadline
4. Requirement to preserve all relevant records for litigation
5. Warning that continued violations will result in a lawsuit

How It Applies to Marques:

• • Marques’ attorney should detail how the company used an AI simulation of his voice in their ad without permission.
  • The letter should specify that this likely violates Marques’ right of publicity, false endorsement, trademark, and privacy rights.
  • It must firmly demand the company stop using his voice and pull all infringing content within a set timeframe, like 14 days.
  • They should be instructed to preserve all records on the creation and use of the AI voice simulation for potential litigation.
  • The letter should warn that Marques will have no choice but to take prompt legal action if they fail to comply or continue violating his rights.

FAQs:

• • Is a cease and desist letter legally required before suing? No, but it’s a good faith step to try resolving the issue without litigation and can strengthen your case if you do end up suing.
  • What if they just ignore the letter? If they don’t respond or continue the violations, the letter helps show their actions are willful if you take legal action.
  • Can I write the cease and desist letter myself or have my manager send it? It’s best to have an experienced attorney draft and send the letter to ensure your rights are fully covered and it has maximum legal impact.
  • How long do I have to wait after sending the letter before taking legal action? If you’ve given them a reasonable deadline to comply (usually 10-30 days) and they don’t, you can proceed with a lawsuit anytime.
  • Will sending a cease and desist make them take the content down faster than just reporting it on the platform? Usually yes – a sternly worded legal letter tends to spur swifter action than a standard content removal request.

Damages and Other Relief to Seek:

1. Compensatory damages for financial losses and emotional distress
2. Disgorgement of the company’s profits from the unauthorized use
3. Punitive damages to punish the willful misconduct and deter others
4. A permanent injunction barring any use of Marques’ voice or likeness
5. Legal fees and costs incurred to enforce his rights

How It Applies to Marques:

• • Marques’ legal team should draft a complaint detailing all the essential facts about the company’s blatant misuse of his voice.
  • They need to identify which subsidiaries, officers, employees and contractors may bear responsibility to name as defendants.
  • As the harm occurred online, there may be options of where to bring the suit based on the parties’ locations and the platform(s) involved.
  • The core claims would be right of publicity violations, false endorsement, misappropriation of likeness, and possibly trademark infringement.
  • Remedies sought should include actual damages, profit disgorgement, a permanent injunction, punitive damages, and legal fees.

FAQs:

• • How do you quantify damages for voice misappropriation? Based on the fair market value of what Marques typically gets paid for endorsement deals, projections of his lost future earning potential, and expert analysis of the company’s unlawful profits.
  • Can Marques get punitive damages? Most likely yes, since the company’s use of his voice after being denied consent was likely willful, which is the usual standard for punitives.
  • What does a “permanent injunction” do? It’s a court order forever prohibiting the company from using any simulation of Marques’ voice or likeness to promote their products/services.
  • How long does a lawsuit like this typically take? Hard to say, but likely a year or more if it doesn’t settle and has to go to trial and through appeals. Having a strong case may incentivize them to settle sooner.
  • What if the company declares bankruptcy – will Marques lose out? He would have a claim as a creditor in their bankruptcy case and his attorney can file motions to challenge any bad faith asset transfers. But there is a risk of limited funds if multiple claims exceed their assets and insurance.

Why Public Awareness Matters:

1. Empowers people to spot violations and enforce their own rights
2. Pressures companies to behave ethically or face backlash
3. Signals to bad actors that there are serious consequences
4. Builds support for instituting and strengthening relevant laws
5. Ensures Marques doesn’t suffer this injustice in vain

How It Applies to Marques:

• • As an influential tech reviewer, Marques has a huge platform to raise awareness of AI voice misappropriation risks.
  • He can succinctly break down the core legal rights everyone should know about, like publicity, false endorsement and privacy.
  • Marques should stress the severe economic costs, injunctions and reputation hits companies may face for this misconduct.
  • His story can encourage other affected creators and celebs to come forward, revealing the scale and impacts of the problem.
  • With his audience size and credibility, Marques can be a powerful advocate for codifying clearer rules around AI-generated voices and likenesses.

FAQs:

• • What if people think I’m just seeking attention by publicizing this? Focus on educating and empowering your audience – the skeptics will be drowned out by those who appreciate you using your platform for good.
  • Should I name and shame the specific company? Consider the legal and ethical implications – you may want to wait until the dispute is further along. But in general, the public has a right to know about businesses using predatory practices.
  • What if me raising awareness leads to more copycats or trolls? While a few bad actors may try to exploit the situation, the long-term benefits of public education and deterrence outweigh that risk. Don’t let it stop you from speaking up.
  • How much should I share about my legal case publicly? Rely on your attorney for guidance – they may want you to refrain from sharing certain details that could be used against you. But high-level updates can keep people engaged and supportive.
  • What if my story gets lost in the next news cycle? Even if you’re not constantly trending, you will have made a lasting impact. You can keep engaging on the issue as your case progresses, and the right people will be listening.

Key Steps to Take After an AI Voice Misappropriation:

1. Document all evidence of the unauthorized voice use
2. Consult an experienced publicity rights attorney
3. Send a cease and desist demand letter
4. Discuss filing a civil complaint if violations continue
5. Spread awareness on social platforms to educate and deter

Potential Claims to Assert:

• • ✓ Right of Publicity Violation
  • ✓ False Endorsement (Lanham Act)
  • ✓ Invasion of Privacy (Misappropriation of Likeness/Voice)
  • ✓ Trademark Dilution/Infringement
  • ✓ Unfair Competition

Damages and Other Relief to Demand:

• • ✓ Actual damages (economic losses, emotional distress)
  • ✓ Disgorgement of infringer’s profits
  • ✓ Punitive damages
  • ✓ Permanent injunction
  • ✓ Attorney’s fees and costs