AI and Class Actions: Lessons from a U.S. Lawsuit on Voice Cloning

As AI technology grows increasingly sophisticated, new legal challenges are emerging. A recent class action lawsuit in the US highlights legal risks businesses may face when using AI, and offers important lessons for companies, especially those in media, entertainment and technology sectors.

The lawsuit, raised by US firm Pollock Cohen LLP on behalf of two voice actors, alleges that actors' voices were used without consent by an AI voiceover company, LOVO Inc (the "Voice Cloning Class Action"). This case highlights several legal issues at the intersection of AI and intellectual property, in particular, the use of biometric data and the unauthorised replication of creative work – a topic we touched upon in our recent blog.

In the context of voice cloning, intellectual property laws become a focal point. The voice actors in the Voice Cloning Class Action argue that their voices - integral to their brand and professional identity - were used without consent, infringing upon their right to control the use of their voice as creative property. The actors further argue that this unauthorised use has led to a loss of control over their voices, which are integral to their professional livelihoods.

Group proceedings and AI: What to expect

As discussed in our previous blogs, class actions (known as group proceedings in Scotland) allow individuals to band together and raise a single claim against a business or other entity where the claims raise issues of fact or law which are the same as, similar, or related to, each other.

As AI becomes more embedded in commercial operations, the risk of organisations facing group proceedings as a result of unauthorised data use or intellectual property infringement increases.

While the Voice Cloning Class Action is still unfolding, its implications are potentially far-reaching, especially for jurisdictions like Scotland, where AI adoption is on the rise. AI-related class actions are becoming more common, particularly in areas involving data protection and intellectual property. While, over 3 months after the action was first filed, we are only aware of two voice actors joining the Voice Cloning Class Action, other class actions have seen higher levels of interaction such as the class action raised by high profile authors against OpenAI. With the rise in AI-related class actions in other jurisdictions, Scottish businesses operating in sectors such as media, entertainment and advertising may be especially vulnerable to group proceedings if they use AI technologies without proper safeguards.

How can businesses mitigate the risk of AI-related class actions?

Given the increasing use of AI and the ever-evolving framework in this area, it is crucial for businesses to take proactive steps to mitigate the risk of class action lawsuits. Here are some considerations:

1. Obtain clear and explicit consent: Businesses should ensure that they have explicit consent from individuals whose data and/or intellectual property (including their voice or likeness) is to be used by AI systems. This includes consent to use the data to train an AI model, which then may be used to manipulate or reproduce the voice or other IP. Consent should be well-documented and updated regularly to reflect any changes in the use of AI technologies. Even if businesses did not train the AI model themselves, they might still be responsible if they used the data in an AI system. This highlights the importance of ensuring that any AI models or systems used have been trained on data/IP with proper consent to avoid potential legal issues.

1. Monitor AI outputs: AI systems can produce outputs that mimic real-world individuals, such as voice clones or deepfakes. As we previously discussed, businesses should have protocols in place to monitor and review AI-generated content to ensure that it does not infringe upon any individual's intellectual property or privacy rights.

1. Plan ahead: Businesses should ensure that they have a strategy and the correct insurance cover in place if class actions are raised against them. This may include plans for putting insurers on notice, instructing solicitors to deal with the class action, and making sure they have a PR plan in place to help to mitigate the reputational risks which class actions can pose.

Final remarks

The legal landscape surrounding AI and copyright is rapidly evolving, with growing concerns about the unauthorised use of creative works by AI systems. The UK Government has recently launched a consultation on AI and copyright (see here: Copyright and Artificial Intelligence - GOV.UK), aiming to explore how existing copyright laws apply to AI-generated content and whether legislative reform is needed. This could prove particularly relevant if cases like the Voice Cloning Class Action are launched in the UK, where AI-generated outputs replicate an individual’s voice—potentially engaging copyright, performers’ rights, and moral rights under UK law. Businesses leveraging AI technology must be aware that using copyrighted material, including performances, without proper authorisation may result in legal liability. As discussions on AI and copyright continue, companies operating in this space should closely monitor regulatory developments and implement robust due diligence measures to ensure compliance with intellectual property laws. Meanwhile, performers (such as voice actors) should ensure that they are aware of their rights under the law and how and when they can enforce those rights.

If you would like to speak to one of our class action experts or IP, Technology and Data experts about protecting your business in the age of AI, please get in touch with a member of our Class Actions team, our IP, Technology & Data team, or your usual contact at Brodies.