this post was submitted on 26 Jan 2024
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What's the alleged crime? Comedy impersonation isn't illegal. And the special had numerous disclaimers that it was an impersonation of Carlin.
Sounds like a money grab by the estate, which Carlin himself probably would have railed on.
Obscenity.
Publically exhibiting a disgusting object,
Oh like that law they are trying to pass in Texas now that outlaws porn?
In what way?
They are claiming porn is obscenity
What do you mean by "comedy impersonation" - parody, or just copying a comedian?
If I were to set up a music show with a Madonna impersonator and slightly changed Madonna songs (or songs in her style), I'll get my pants sued off.
If Al Yankovic does a parody of a Madonna song, he's in the clear (He does ask for permission, but that's a courtesy and isn't legally mandatory).
The legal term is "transformative use". Parody, like where SNL has Alec Baldwin impersonating Trump, is a recognized type of transformative use. Baldwin doesn't straight up impersonate Trump, he does so in a comedic fashion (The impersonation itself is funny, regardless of how funny Trump is). The same logic applied when parodying or impersonating a comedian.
I think your Madonna example is completely fine as long as they don't call themselves Madonna and start uploading videos on YouTube with her name on it (like is the case here).
Madonna owns her name and trademark but not her tone of voice, style of songs or her wardrobe choices.
In the same way, The George Carlin estate doesn't own his speech mannerism or comedic style but they certainly own his name.
Wait, so America's Got Talent aired a crime with this Elvis impersonator?
Granted, the AI Carlin made it clear that he was NOT the real Carlin, but this Elvis is trying to be Elvis. 🤷♂️
Here is an alternative Piped link(s):
America's Got Talent
Piped is a privacy-respecting open-source alternative frontend to YouTube.
I'm open-source; check me out at GitHub.
Drag shows do stuff like this all the time with zero issue. Artistic freedom is a thing.
This is the sort of thing a person rattles off on gut alone. "Artistic freedom" is not legally defensible - if your work isn't entirely unique, you need to fit within Fair Use in the US.
If you're in many places outside the US (like Japan) there is NO Fair Use carve-out to copyright (which is why Palworld may be more fucked than if they were a US company.)
How is the AI impersonation of Carlin different from when Paramount used actors who looked like Queen Elizabeth or Barbara Bush, or human impersonators who sound just like the real person they’re impersonating (besides the obvious difference)?
I’m not saying Dudesy is in the right. Making an AI system sound like someone somehow feels different than an impersonator doing the same thing. But I don’t know why I feel that way, as they’re extremely similar cases.
It's because a person is directly doing it. It's not odd that our laws and mores exist for the benefit of people trying to do stuff.
Even comparing a photocopy to a forgery, at least the forgery took some direct human skill, rather than just owning a photocopier
Programming isn't a human skill? Shit I am in big trouble.
I hear you, and I thought about that before posting the comment, but does method matter? Does human skill in something make it any more right, or does a computer being directed to do something make it any more wrong? The final product is essentially the same, no matter how it was achieved.
Whether I, unprovoked, physically attack someone or I command my dog to attack someone, I’m being held responsible for the attack. It’s not so much the method or the tool that was used as it is the product, because the act is wrong.
Better yet, to your point, whether I draw the Simpsons and sell that image or print an image of the Simpsons and sell it, it’s considered wrong without permission of Groening.
The question is: Is it wrong to impersonate without intention of deceiving, using any method? I’m not arguing for or against. Simply asking moral questions. It’s a quandary, for sure.
Where's the line? Were they parodying Carlin? Or just using his likeness? Can Fox News do this with Biden?
This is a far larger thing than just a comedy impersonation.
It's something the law isn't equipped to handle as written.
And fear of things for which no law can be ready imagined in their extremes is how I got my current attitude to everything legal.
About the event itself - well, I suppose Carlin himself would be amused by the fact.
Donald Trump, while president, was impersonated by thousands of people as comedy acts. Some people even had full time gigs doing it!
It's not a illegal when you are doing it for comedy. Pretending to actually be someone who you are not, is fraud, but that's not what we're talking about.
Mimicking someone's voice or putting on a costume in their likenesses doesn't make it illegal.
If it did, then Elvis impersonator festivals would be a mass crime gathering!
Right of publicity has been a thing in American law since 1953. Not in every state, but in many of them, including California, where Will Sasso (who is responsible for this) lives.
You do not have a legal right to impersonate someone to publicize your podcast in California. That is exactly what he did.
So it was the fact that he used an impersonation to promote a podcast that's the issue, not the fact that there was an impersonation? Is that what the lawsuit is going after?
I think so. If you personally made "George Carlin AI Album #2" or whatever and put it on YouTube and didn't link it to some moneymaking venture, I doubt they would be suing. This is two comedians using a third, dead, comedian to generate revenue for their own comedy.
Even though the AI Carlin said numerous times that it was not the real Carlin?
It'll be interesting to see how this lawsuit develops.
Ford never said the singing voice was Bete Middler's in this case- https://en.wikipedia.org/wiki/Midler_v._Ford_Motor_Co.
Such an idiotic ruling.
If someone can sing, with their own voice, then that's their singing voice. It shouldn't matter if it sounds like someone else, because it's not them!
It's idiotic because it essentially creates limits for talent and skill in an artistic sense.
There's a band called Greta Van Fleet who sounds exactly like Led Zeppelin, they've even done Zep covers, and it would be completely asinine to punish them (and fans) for having a certain sound.
Not even for comedy but for art in general.
If we couldn’t impersonate likenesses in art, art would fucking suck. Think of every fictional character who ever met a well-deserved demise that was inspired by a real person.
Hell, look at The Crucible. Required reading when I went to high school. Literally an allegory for the red scare and McCarthy’s communist “witch hunts” going on at the time of its writing.
Not just that, but being critical of the rich and famous, especially high-profile politicians, is an incredibly important part of art. It’s practically the origins of modern theater. And inversely, arts criticism is an incredibly important part of politics.
Whether it's presented as real seems a reasonable line to me.
Fox News could not use it to mislead people into thinking Biden said something that he did not, but parody like "Sassy Justice" from the South Park creators (using a Trump deepfake) would still be fine.
Fox News could run it with every disclaimer out there and it would still get picked up by every other conservative channel and site as legitimate.
This is why likenesses are protected.
If you watch the video it's very clear from the beginning that it's a fake voice and they used AI to write the jokes. It says flat out it's not George Carlin. There is no way anyone could be mistaken. Also it only kind of sounds like him.
And when someone edits that part off? What then?
What then? That person may be held liable for whatever crime you believe was committed.
The comedy special not only prefaced the show with multiple disclaimers, but also jokes about it during the special.
If someone wants to edit it to be deceptive, then that's on them.
The creator would have nothing to do with it.