The Legal Landscape of Voice Acting

Voice acting in animation has become an increasingly complex field as technology advances and the entertainment industry grows globally. Traditionally, voice acting involved human actors lending their voices to bring animated characters to life. However, the rise of artificial intelligence and international distribution has introduced new legal challenges. Intellectual property rights, voice cloning, licensing, copyright issues and voice imitation are all legal issues that are an integral part of the voice acting industry. We examined the legal landscape of voice acting in animation, focusing on the rights of voice actors, issues regarding voice cloning and digital replication, contracts between voice actors and the hiring entities, and the legal frameworks designed to protect creative contributions in a digital age. By examining these issues, we can gain a deeper understanding of the law and the creative freedoms within the world of animated media.

Copyrights and Voice Acting

Copyrights are a critical part of protecting the creative works of voice actors in the animation industry. Voice actors bring animated characters to life through their unique vocal performances, which are protected as intellectual property under copyright law as original artistic works (Editorial 2024). Traditionally, voice actors transfer their copyrights to a production company in exchange for compensation for their voice acting performance. However, actors can negotiate contracts to retain certain rights to their performances or to maintain control over how their voices are used. (Editorial 2024).

“While voice actors may be recognizable as authors of the sound recordings (since their performances are featured), the employer or the party that commissioned the voice work is considered the author by default if it is part of a motion picture, audiovisual work or translation, and the contract expressly states that the sound recording is created as a work made for hire. In such scenarios, voice actors would find their potential claims to copyright effectively extinguished.” (Chuks-Okeke 2023). Production companies often aim to secure complete ownership of a voice actor's performance, allowing them to use it freely without seeking additional permission. This is typically achieved through the legal framework of "work made for hire," which transfers copyright ownership of the performance to the hiring company in exchange for compensation. Under this arrangement, the hiring entity gains full control over the recording, enabling them to profit from it without providing further payment to the voice actor, unless explicitly stated otherwise in the contract (Art and Media Law, 2024). 

John DeMita

John DeMita is an actor, voice actor, and an Associate Professor at University of Southern California. As a voice actor Mr. DeMita has been involved in multiple projects, including celebrated titles like Star Trek Discovery, The Lego Batman Movie, Naruto, Hayao Miyazaki’s Princess Mononoke, Final Fantasy, and Dragon Ball Super. In film and television, he is known for his role as Marine Colonel Clifford Blakely on CBS’s JAG, as well as numerous guest and recurring appearances across various series. As a theatre actor, Mr. Demita has performed on multiple, prominent stages including the Oregon Shakespeare Festival, Pittsburgh Irish and Classical Theatre, Williamstown Theatre Festival, Pasadena Playhouse and Pacific Resident Theatre - of which he was one of the founding members. Currently, Mr. DeMita serves as a Language Production Manager at Netflix, where he oversees English-language dubbing of international films and series.  (John DeMita · School of Dramatic Arts · USC, n.d.).

Mr. Demita explained some contractual rights that actors may have relating to dubbing in different languages.

Voice Acting Contracts

Voice acting contracts define the roles, obligations, and expectations of both the voice actors and the hiring entities. A well-drafted contract is essential to protect the interests of both parties and ensures a clear understanding of their professional relationship (Editorial 2024). These contracts outline the services and responsibilities that both parties agree upon, such as: the scope of work, project timelines, compensation and payment scheduling, the ownership and usage rights of the recorded material, including how and where the recorded material will be utilized, the rights the hiring entities and the voice actors will have over the work, and any confidentiality or non-disclosure agreements the voice actors have to sign especially when dealing with sensitive information (Editorial 2024).

Sometimes these contracts and overall working conditions can be unfair to voice actors. This is where unions can help. These organizations, such as SAG-AFTRA (Screen Actors Guild - American Federation of Television and Radio Artists) in the United States, ensure that voice actors receive fair wages, fair working conditions and other benefits like health care, retirement funds and pensions (Lanzafame 2022). “Voice acting can be taxing work, and participating producers need to follow union guidelines to ensure that you’re not putting your voice in danger while recording. This is especially true in the realm of video games, in which recording sessions can involve multiple takes of different shouts, screams, grunts, growls, and roars.” (Lanzafame 2022). Unions may be optional but joining a union can be a vital step for voice actors looking to establish a sustainable and professional career in this competitive field. 

Mr. Demita gave us some insight into a unique contractual situation that occurred during the filming of the Netflix hit TV series “Squid Games”.

Mr. Demita provided some details about compensation for different types of voice acting projects.

Copyright Infringement

Although copyrights can protect these creative works of voice actors, infringement is still possible, especially as technology and media distribution methods evolve. Unauthorized use of voice recordings is an issue that can arise when a voice actor's performance is reused without consent, in different media formats or derivative works. This is where copyright infringement laws come in to protect some voice actors but mainly the production companies, since most voice actors enter into contracts where these are permitted by only the production company.

AI vs Voice Acting

Artificial intelligence and voice cloning have been making strides especially in recent years and have raised significant legal issues in the field of voice acting. Voice actors, the production companies or both have control over the use of their voices and voice recordings, but AI powered voice cloning can replicate an actor's unique vocal characteristics without their consent, leading to potential misuse. In May 2024, OpenAI introduced a voice assistant named "Sky" for ChatGPT, whose voice closely resembled that of Scarlett Johansson. Although Johansson was reportedly invited by OpenAI to contribute her voice to the project, she declined the offer. OpenAI maintained that the voice belonged to a different actor, but amid mounting public criticism, the company decided to discontinue the voice feature (Georgetown 2024). According to Kristelia Garcia (Professor of Law at Georgetown), OpenAI’s actions raised issues relating to Johansson’s “Right of Publicity” (Georgetown 2024).

Rights of Publicity

“Rights of Publicity” is a legal concept that protects individuals from unauthorized control over the commercial use of their identity, including their name, likeness, voice, and other recognizable personal traits (Merriam-Webster's Collegiate Dictionary, 1999). The law (Rights of Publicity) recognizes that “...famous people have a commercial interest in what makes them valuable; and/or (2) people have a right of broadly defined privacy that should allow them to dissociate from certain companies or causes.” (Georgetown 2024). This right is primarily intended to protect against unauthorized exploitation for commercial gain, such as in advertising or endorsements without permission or in the specific case of using another individual's voice without permission. With advances in AI and digital technologies, the right of publicity is becoming increasingly significant, as it helps individuals or production companies prevent misuse of their voice, image, and other personal attributes in ways that could mislead or exploit their identity. 

Some say “[h]owever, the right of publicity may still prove insufficient for voice actors since… many perform using voices different from their own. Appropriating the voice of ’Bart Simpson’ is more of an infringement on the character's brand than an issue concerning the identity of the voice artist, Nancy Cartwright.” (Chuks-Okeke 2023). “Rights of Publicity” is a very interesting legal concept because how it is used varies from state to state. “Some states only grant Rights of Publicity to celebrities and public figures, like Johansson, who make a living off of their identities. Some states also cut off Rights of Publicity at death, others allow them to continue post-mortem.” (Georgetown 2024).

AI is something that voice actors are concerned about. Mr. Demita shared his opinion on AI, explained its effects on the voice acting industry right now, and what it could mean for the voice acting industry in the future.

Closing Notes: Legal Safeguards in Voice Acting

The legal landscape surrounding voice acting is evolving rapidly, as new technologies like AI voice cloning push traditional copyright and intellectual property laws to their limits. Voice actors like Mr. DeMita have historically relied on copyright protections and contractual agreements to control the use of their voices and protect against copyright infringement, but the rise of AI introduces some new and difficult challenges. Unauthorized imitation of voices through the use of AI raises concerns about consent, misuse, and financial compensation. Additionally, the right of publicity provides some protections by allowing actors to control their voice and likeness commercially, but this right varies from state to state. As these issues intersect with ethical considerations, such as the posthumous use of voices and AI-generated performances, the need for an updated legal framework becomes clearer. Laws must adapt to balance technological innovation such as AI with the rights of voice actors and creators, ensuring that voice actors retain control over their unique contributions while protecting their work from unauthorized exploitation. 

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