How close is too close? Digital replicas and protection of the “unfixed” voice

Abstract

Human voices provide information relating to identity, social traits and emotional markers. Scholars emphasise the intrinsic connection between voices, human cultural habits and self-expression. The development of AI-generated digital replicas means that the voice is no longer a uniquely human characteristic. This paper considers the legal, social and linguistic challenges posed by digital voice replicas. Owing to their prevalence in the creative industries, we draw on qualitative focus group data comprising the views of researchers, creatives and IP practitioners. Our findings illustrate a range of responses including skepticism, uncertainty and fear about the loss of authenticity. These responses serve as a provocation as to what happens to authenticity and ownership of the human voice. We find digital replicas evoke a strong emotional response. The voice means a lot to people. Against this backdrop, we highlight the urgent need to address the legal vulnerability of the “un-fixed” voice, (a voice not permanently captured in traditional recordings), and the inadequacy of current United Kingdom (UK) Intellectual Property (IP) frameworks to protect it. This highlights a significant regulatory lacuna which calls for a more robust protection of a ‘personality right’ in UK law.