Who Owns Voice And Image Artificial Intelligence Rights?

With the advent of the ability of artificial intelligence ("AI") to alter an individual's voice and image (whether in deepfakes or expressly fictional works), it is critical to determine who – if anyone – owns the right to do so, particularly when the voice or image is clearly identified with a fictional character from an existing film. This issue is highlighted by the recent license by James Earl Jones (the voice of Darth Vader) of his voice to an AI company. While articles state that the license of his voice was for use by Disney (the owner of the Star Wars franchise), the transaction raises the following questions: (a) could anyone use his voice without permission and (b) could James Earl Jones have licensed his voice to third parties for use in other films, particularly if used in the distinctive manner of Darth Vader? This article will refer to the individual whose voice or image is at issue as the "Individual," the licensee of AI rights as the "AI Licensee," the new AI work incorporating the voice or image as the "AI Work," and any prior work that the voice or image is taken from, or resembles elements of, as the "Prior Work." Let's first deal with the right of publicity.