Webinar Recap: 10 Key Insights from How to Mitigate Legal and Ethical Risk in Your Voice AI Strategy

For businesses, navigating the landscape of Voice AI demands careful thought regarding legal and ethical considerations. In our recent webinar titled ‘How to Address Legal and Ethical Risks in Your Voice AI Strategy,’ we tackled some of these issues, offering vital strategies for risk management. The session — featuring Blake Hayward, Sr. Vice President of Product at Voices, alongside Samantha Rothaus, Partner at Davis + Gilbert — examined the necessity of consent, licensing, the complexities surrounding synthetic voices and talent pay.

Check out these 10 key takeaways from the webinar that can provide you with the necessary knowledge to create a sound and responsible Voice AI strategy.

In this article

1. Consent is Crucial
2. Licensing and Rights
3. Synthetic Voice Risks
4. Clear Agreements
5. Right of Publicity
6. Brand Association
7. Ethically Sourced Voices
8. Talent Compensation
9. Provider Due Diligence
10. Mitigating Risks

Consent is Crucial

Obtaining explicit, informed consent from voice performers before creating and using AI voice replicas is not only ethically sound but also a legal necessity in jurisdictions like California and a critical element emphasized by SAG-AFTRA guidelines. This consent must clearly outline the AI voice’s intended use, duration and compensation.

Licensing and Rights

Having an AI voice available doesn’t mean you have the right to use it. Businesses need to ensure they have the appropriate rights and licenses for every AI voice they use, whether it’s a clone of a real person’s voice or a fully synthetic voice. This includes understanding the terms of service of AI voice providers, existing contracts with voice performers and the specific rights needed for your intended use case (e.g., commercial advertising, in-app assistance). Ambiguity in licensing can lead to legal disputes and costly settlements.

Synthetic Voice Risks

While synthetic voices offer creative flexibility, they pose unique risks. The “black box” problem arises because it’s often impossible to trace the origin of the voice data used to train the AI model. This lack of transparency can lead to unforeseen legal issues if the synthetic voice inadvertently sounds like a real person who did not consent to its use. As part of their voice AI strategy, businesses must carefully vet AI voice providers and inquire about their data sourcing practices to minimize this risk.

Clear Agreements

Detailed, unambiguous agreements with voice performers are essential. These agreements should explicitly outline the following:

• The purpose of creating an AI voice replica.
• How and where the AI voice will be used.
• The duration of usage rights.
• Compensation terms (including potential royalties for ongoing use).
• Any exclusivity clauses.
• Ownership of the AI voice model.
• The right of the performer to revoke consent under certain conditions.

A well-drafted agreement protects both the performer and the business from future misunderstandings or disputes.

Right of Publicity

The “right of publicity” gives individuals control over the commercial use of their name, image, voice and likeness. Laws regarding this right vary by jurisdiction, but generally, using someone’s voice for commercial purposes without their permission is a violation. This includes directly imitating a voice and using an AI voice that sounds like an identifiable person. Businesses must be aware of the specific right of publicity laws in the regions where their Voice AI will be deployed.

Brand Association

Exclusivity is critical if a specific AI voice is meant to become synonymous with your brand. This prevents competitors from using the same or a very similar voice, which could confuse customers and dilute your brand identity. Clear exclusivity clauses in your agreements with voice performers are necessary to secure this protection.

Ethically Sourced Voices

Consumers and businesses alike are increasingly concerned about the ethical implications of AI. Ethically sourced voices mean that voice data was obtained with proper consent and compensation, and that the AI voice is used responsibly. Demonstrating ethical practices can enhance brand reputation and build customer trust, while using unethically sourced voices can lead to public backlash and reputational damage.

Talent Compensation

Fair compensation for voice actors in the age of AI is a complex issue. Traditional project-based compensation may not be adequate when an AI voice can be used indefinitely. As part of a comprehensive voice AI strategy, businesses and performers need to discuss and agree on compensation models that reflect the long-term value of an AI voice replica. This might include royalties, licensing fees or other forms of ongoing payment.

Provider Due Diligence

Selecting an AI voice provider requires careful research and due diligence. Businesses should ask potential providers:

• Where do they source their voice data?
• What are their data privacy and security practices?
• What are their terms of service and usage restrictions?
• Can they provide documentation of consent from voice performers?
• Do they have policies in place for handling disputes or legal challenges?

Thorough due diligence helps avoid working with providers who engage in unethical or legally questionable practices.

Mitigating Risks

The overall strategy for mitigating legal and ethical risks in Voice AI hinges on transparency, clear communication and proactive measures. This means:

• Being transparent with voice performers about how their voice will be used.
• Creating clear, comprehensive agreements.
• Obtaining explicit, informed consent.
• Conducting due diligence on AI voice providers.
• Staying up-to-date on evolving laws and best practices.
• Prioritizing ethical considerations in all aspects of your Voice AI strategy.

Final Thoughts

Understanding the intricacies of Voice AI requires a thoughtful strategy that weighs technological possibilities alongside legal and ethical responsibilities. The perspectives shared in the webinar provide a helpful guide for companies aiming to adopt Voice AI responsibly. 

If you missed the live session or want to watch it again, you can find a replay here. This is an excellent opportunity to dive deeper into these topics and ensure your Voice AI strategy is innovative and ethically sound.