Technology used to recreate human voices has evolved from synthesis systems that produced robotic voices to new tools capable of imitating a person’s vocal characteristics with remarkable realism.
These advances have opened up extraordinary possibilities in communication and artistic expression. Stephen Hawking, for example, used an electronic synthesiser to communicate. More recently, AI made it possible to recreate Val Kilmer’s voice for the film Top Gun: Maverick, after a disease affected his ability to speak.
However, these possibilities also present challenges. In 2023, the song Heart on My Sleeve used AI to imitate the voices of Drake and The Weeknd without the involvement of either artist, demonstrating that this technology can also be used to generate music that reproduces real voices without authorisation.
Technology is not inherently an enemy of human identity, work, or creativity. Nevertheless, its development requires clear boundaries and effective safeguards to ensure that its benefits are harnessed responsibly, ethically, and conscientiously, with due regard for individual rights.
How does voice cloning affect the music industry?
Voice cloning can be a valuable creative tool when artists retain control over the use of their voices. With proper authorisation, it can generate new creative and commercial opportunities while ensuring that artists receive fair remuneration.
The problem arises when such use takes place without the artist’s consent. The situation is exacerbated by the ease with which synthetic content can now be generated. Some tools require only an audio sample to produce songs that imitate the voices of real artists, making unauthorised exploitation easier. These practices can damage an artist’s reputation, mislead the public, generate financial benefits for third parties without the artist’s authorisation, and even reduce the artist’s earnings and opportunities.
A song created through voice cloning can reach millions of streams, and some streaming platforms distribute royalties through a pro rata model in which revenue is allocated according to each song’s share of total streams.
Streams of songs generated through voice cloning can affect the proportion of revenue received by those who create music authentically and invest greater resources, time, and effort in doing so. The risk increases further when this content is mass-produced within minutes and automated systems are used to artificially inflate its streams, a practice that has already occurred in the music industry.
Rights of artists and performers
The voice is much more than a means of communication. It is an attribute of identity and, for artists, the result of years of training and work. It is a tool and one of their most valuable assets.
A song generated through voice cloning may involve various rights. Depending on the circumstances, personality rights relating to identity, voice, image, honour, or reputation may be affected, as well as copyright and related rights where protected works, sound recordings, or performances are used.
Technological and legal challenges in protecting the voice
Technology evolves in both directions. While systems are being developed to identify artificial voices, new techniques are emerging to generate them and evade existing controls. Synthetic audio detection tools are a key component of a comprehensive strategy, as they enable the identification of potential unauthorised uses and facilitate the timely adoption of appropriate measures to prevent and address infringements.
However, a comprehensive response should combine technological safeguards, effective legal remedies, expert-led strategies, and public policies to:
Facilitate the detection and identification of synthetic content and those responsible for its creation;
Enable legal actions against them and, where appropriate, against the intermediaries involved; and
Establish effective deterrents against the unauthorised creation of such content and its distribution by platforms.
In Mexico, recent legislative developments aimed at protecting performing artists against the use of AI represent an important step towards developing a legal framework that addresses these challenges. The amendments expressly incorporated provisions protecting voices against content generated using AI systems and other technologies, helping to recognise the legal consequences of cloning artists’ voices without their consent.
Nevertheless, effective voice protection requires much more than legislative reforms. It calls for the involvement of specialised legal professionals and properly trained authorities capable of ensuring that the rights at stake are effectively enforced.
The role of intellectual property law firms
As intellectual property specialists, we can contribute to a balance in which technology can advance without undermining creators’ rights. We can develop measures and strategies that enable human creativity to remain a source not only of innovation and development but also of artistic expression, cultural enrichment, and enjoyment for society.
We can help artists and other rights holders protect their voices by providing preventive advice on the use of AI and assisting in the establishment of clear contractual terms governing authorised uses by third parties. Where unauthorised uses occur, we can help identify the rights at stake and pursue appropriate legal measures to enforce and protect them.
We have a commitment to creators in a constantly changing landscape: to anticipate legal risks and develop both preventive and enforcement strategies to protect their voices and work against unauthorised exploitation.
