Trademark applications by Taylor Swift may provide a new legal method to counter AI imitations. Swift has been involved in AI imitation issues for years and is now intensifying her defense against AI copycats. Navigating the intersection of law and technology, her efforts might be challenging.
Recently, Swift’s team filed trademark applications for two of her spoken phrases: “Hey, it’s Taylor Swift” and “Hey, it’s Taylor”. These trademarks, managed by TAS Rights Management, include audio promos for her new album. A trademark for a photo of Swift, capturing her on stage playing a pink guitar, was also filed.
Though not explicitly stated, it’s probable the trademarks aim to prevent AI misuse, considering Swift’s past AI challenges, including AI-generated music threats and sexualized deepfakes.
Traditionally, artists use copyright laws to protect music, but AI-generated content complicates safeguarding their work. Copyrights defend songs, not voices, prompting creative legal tactics. For example, Universal Music Group legally addressed an AI-generated Drake song by citing a producer tag.
According to IP attorney Josh Gerben, trademarks could bridge the AI mimicry gap, allowing Swift to challenge not only exact copies but also “confusingly similar” imitations. Trademarks for Swift’s image might similarly address AI-generated imagery, as seen when Matthew McConaughey trademarked specific video clips against AI misuse.
Alexandra Roberts, a Northeastern University professor, expressed skepticism over Swift’s audio clip as a trademark since it seems more like a message inclusion than a distinct mark.
Despite potential legal ambiguities, Swift’s trademarks could act as a deterrent to AI-generated imitators. UCLA law professor Xiyin Tang noted trademarks might dissuade copyright infringers by highlighting federal registration, though their courtroom validity could be questioned.
Swift’s team might also utilize right of publicity laws, enabling legal action against name or likeness misuse, and address false advertising federally. Swift’s existing trademarks for her name provide grounds for federal trademark infringement suits if use by others leads to confusion.
Only Tennessee has specific laws against AI-generated vocal imitations of artists. YouTube’s deepfake detection tool permits the removal of AI-generated face duplicates but doesn’t cover voice imitations yet. In the absence of broader AI voice mimicry regulations, Swift and others might rely on trademark law to defend both their appearance and voice.