Japan court rules human voice is protected in TikTok AI case

The lawsuit is believed to be the country's first seeking to defend an individual's vocal identity against AI-generated copies.(AFP) — A Tokyo court ruled Wednesday that the human voice is legally protected in Japan after a high-profile anime voice actor took TikTok to court over videos he says feature an artificial intelligence clone of his “lustrous” baritone.The decision marks a partial victory for Kenjiro Tsuda, known for his starring roles in major franchises including “Jujutsu Kaisen” and “Yu-Gi-Oh!” The court, however, dismissed his request to remove the videos.“The unauthorized use of a performer’s voice … can be considered an infringement on publicity rights,” presiding Judge Aya Takahashi said.AI imitation is a growing concern among performers worldwide, and the threat has roiled Japan’s storied animation industry, whose voice actors are sometimes worshipped by fans as much as their characters.The lawsuit is believed to be the country’s first seeking to defend an individual’s vocal identity against AI-generated copies.It centered on a slew of TikTok videos narrated by a distinctively “deep” and “lustrous” voice that Tsuda, 55, said could only be his.The platform, however, argued that it is a “generic male voice” whose perceived similarity to Tsuda’s is subjective at best, according to court records reviewed by AFP.Wednesday’s ruling is seen as Japan’s first declaring that the human voice is protected under publicity rights if “the purpose of using that voice is exclusively to take advantage of its commercial appeal,” Takahashi said, describing a voice “as symbolic of one’s personality as portraits are.”Publicity rights refer to the ability to control and profit from the use of aspects of one’s identity.‘Balance’Takahashi, however, said TikTok was “no longer obliged to delete” the videos in question because the anonymous user behind them had taken them down several months after the lawsuit began.Tsuda’s lawyer, Takashi Hirano, told reporters that the ruling “ended up making both sides look victorious.”The anonymous account, whose profile picture resembled a “Jujutsu Kaisen” character voiced by Tsuda, combined images and seemingly AI-generated speech about urban legends, occult phenomena and conspiracy theories.At one point, it boasted more than 200,000 followers and would have brought in more than 500,000 yen ($3,200) in monthly revenue, the legal complaint argued.Tsuda’s legal team argued that the account gained traction only because “its dubious, sordid content was narrated by the attractive voice of a popular actor.”TikTok told AFP in a statement that it will “respect the court’s judgment while considering what steps to take after scrutinizing details” of the ruling.“We will continue to sincerely work on the balance between technology development and rights protection,” the platform said.Interest in the ruling has been high among voice actors in Japan, who worry that AI mimicry of the tool of their trade will contribute to the industry’s decline.An actor’s voice “is the result of years of rigorous training and apprenticeship” to hone talent, Yuko Sasaki, executive director of the Japan Actors Union, told AFP ahead of the ruling.“It’s something we spend lots of time and money perfecting,” said Sasaki, a fellow voice actor, adding that “we support Tsuda wholeheartedly.”Alongside the lawsuit, Sasaki and other Japanese voice actors have launched a campaign called “No More” against using generative AI to mimic performers without permission.“Our industry can be crushed” if “unbridled” AI voice cloning spreads on social media, actor Bin Shimada, who is part of the campaign group, told AFP.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads