There have been several legal cases where bands have sued advertisers for copying their distinct sound. Here are a few examples:
The Beatles vs. Nike (1987): The Beatles' company, Apple Corps, sued Nike and Capitol Records for using the song "Revolution" in a commercial without their permission. The case was settled out of court.
Tom Waits vs. Frito-Lay (1988): Tom Waits sued Frito-Lay for using a sound-alike in a commercial for their Doritos chips. Waits won the case, emphasizing the protection of his distinct voice and style.
Bette Midler vs. Ford Motor Company (1988): Although not a band, Bette Midler successfully sued Ford for using a sound-alike to imitate her voice in a commercial. The court ruled in her favor, recognizing the uniqueness of her voice.
The Black Keys vs. Pizza Hut and Home Depot (2012): The Black Keys sued both companies for using music in their advertisements that sounded remarkably similar to their songs. The cases were settled out of court.
Beastie Boys vs. Monster Energy (2014): The Beastie Boys sued Monster Energy for using their music in a promotional video without permission. The court awarded the band $1.7 million in damages.
Disregarding the cases settled out of court (which have nothing to do with case law):
1) Tom Waits vs Frito-Lay: Frito-Lay not only used a soundalike to Tom Waits, but the song they created was extremely reminiscent of "Step Right Up" by Waits.
2) Bette Midler vs. Ford Motor Company: Same thing - this time Ford literally had a very Midler-esque singer sing an exact Midler song.
3) Beastie Boys vs. Monster Energy: Monster literally used the Beastie Boys' music, because someone said "Dope!" when watching the ad and someone at Monster took that to mean "Yes you can use our music in the ad".
Does Scarlett Johansson have a distinct enough voice that she is instantly recognizable? Maybe, but, well, not to me. I had no clue the voice was supposed to be Scarlett's, and I think a lot of people who heard it also didn't think so either.
I've seen Her and the similarity of the voice didn't occur to me until I read about it. I guess it wasn't super distinct in the movie. Maybe if they'd had Christopher Walken or Shakira or someone with a really distinctive sound it would have been more memorable and noticable to me.
Obviously it'll be up to some court to decide, but I don't think openai did themselves any favours in a possible voice protection lawsuit, when Sam Altmann tweeted out "her". That makes it seem very much like the imitation was intentional.
Additionally I think you're understating the similarity to the Midler v Ford case. It has a similar pattern where they first contacted the "original", then hired an impersonator. The song wasn't at issue, they had a license to that part.
I think this part of some of the court documents[0] is especially relevant. Hedwig was the sound alike hired.
> Hedwig was told by Young & Rubicam that "they wanted someone who could sound like Bette Midler's recording of [Do You Want To Dance]." She was asked to make a "demo" tape of the song if she was interested. She made an a capella demo and got the job.
> At the direction of Young & Rubicam, Hedwig then made a record for the commercial. The Midler record of "Do You Want To Dance" was first played to her. She was told to "sound as much as possible like the Bette Midler record," leaving out only a few "aahs" unsuitable for the commercial. Hedwig imitated Midler to the best of her ability.
> After the commercial was aired Midler was told by "a number of people" that it "sounded exactly" like her record of "Do You Want To Dance." Hedwig was told by "many personal friends" that they thought it was Midler singing the commercial. Ken Fritz, a personal manager in the entertainment business not associated with Midler, declares by affidavit that he heard the commercial on more than one occasion and thought Midler was doing the singing.
> Neither the name nor the picture of Midler was used in the commercial; Young & Rubicam had a license from the copyright holder to use the song. At issue in this case is only the protection of Midler's voice.
So the fact that us random internet commentors did not recognize her voice doesn't seem to matter in cases like these. It's enough that the sound alike had been told to mimic the original voice, and that people familiar with the voice be fooled.
Sucks that he had to do it, but the notion of Tom Waits making Rain Dogs and then pivoting to spending a bunch of time thinking about Doritos must be one of the funnier quirks of music history.
There have been several legal cases where bands have sued advertisers for copying their distinct sound. Here are a few examples:
The Beatles vs. Nike (1987): The Beatles' company, Apple Corps, sued Nike and Capitol Records for using the song "Revolution" in a commercial without their permission. The case was settled out of court.
Tom Waits vs. Frito-Lay (1988): Tom Waits sued Frito-Lay for using a sound-alike in a commercial for their Doritos chips. Waits won the case, emphasizing the protection of his distinct voice and style.
Bette Midler vs. Ford Motor Company (1988): Although not a band, Bette Midler successfully sued Ford for using a sound-alike to imitate her voice in a commercial. The court ruled in her favor, recognizing the uniqueness of her voice.
The Black Keys vs. Pizza Hut and Home Depot (2012): The Black Keys sued both companies for using music in their advertisements that sounded remarkably similar to their songs. The cases were settled out of court.
Beastie Boys vs. Monster Energy (2014): The Beastie Boys sued Monster Energy for using their music in a promotional video without permission. The court awarded the band $1.7 million in damages.