American singer Taylor Swift has filed new trademark applications for two audio tracks and one image, which a trademark lawyer says are “tailor-made” to protect the pop star from the threats posed by artificial intelligence.
These applications highlight the challenges AI presents to the entertainment industry, as AI tools generate realistic videos of famous artists and flood streaming platforms with digital music.
Swift’s applications were recently filed with the U.S. Patent and Trademark Office and add to the hundreds of other applications her company already owns.
What distinguishes these applications is the inclusion of “audio marks,” a “less well-known category of trademark protection,” according to a blog post on Monday by Josh Gerben, a U.S. trademark attorney and founder of Gerben IP.
He noted that “attempting to record a celebrity’s voice is a novel use of trademarks that hasn’t been tested in court before.”
In one audio clip, Taylor Swift can be heard saying, “Hi, I’m Taylor Swift, and you can listen to my new album, The Life of a Showgirl, on demand on Amazon Music Unlimited.”
In another clip, she says, “Hi… I’m Taylor.” My new album, The Life of a Showgirl, will be released on October 3rd, and you can click to pre-save it to listen to on Spotify.
The image Swift is seeking to protect is a photo of her on stage holding a pink guitar and wearing a sequined outfit, from her recent “Eras” world tour.
According to Gerbin, actor Matthew McConaughey has filed similar requests in recent months to protect his voice and image, “testing new theories about how trademark law works in the age of artificial intelligence.”
These requests come as traditional copyright laws, which protect artists’ work from imitation, fail to protect against AI-generated content.
“AI technologies now allow users to create entirely new content that mimics an artist’s voice without copying an existing recording, creating a loophole that trademarks could help close,” Gerbin said.
He added that, theoretically, Swift could file a lawsuit arguing that any use of her voice infringes on her trademark, or that any AI-generated imagery is infringes on her trademark. The image of her wearing a tracksuit and holding a guitar is a violation of her rights.
Swift has filed more than 300 trademark applications in the United States alone, a strategy that helps “strengthen” her brand, according to Letitia Caminero, an intellectual property lawyer at the World Intellectual Property Organization.
