Daliah Saper interviewed on the Lawyer 2 Lawyer Podcast: Taylor Swift, Trademark Law and AI
Legal Talk Network’s Lawyer 2 Lawyer podcast recently interviewed Daliah Saper about the evolving intersection of artificial intelligence, intellectual property, and digital identity protection. In light of recent deepfake headlines, Daliah broke down how generative AI has fundamentally changed the way we approach copyright, trademark law, and the right of publicity.
Historically, individuals have relied on trademark law to protect recorded works and state-by-state right of publicity laws to shield their name, image, and likeness from unauthorized commercial use. However, as AI replication tools become more advanced, public figures are seeking different strategies. Notably, Taylor Swift is attempting to add an additional layer of protection by trademarking her voice and specific phrases.
Seeking trademark protection over a voice effectively argues that the sound functions as a brand identifier tied to specific goods or services. If successful, this creates a powerful civil liability front against AI platforms that generate unauthorized deepfakes, bypassing the difficult array of varying state laws. To qualify for this protection, a voice must achieve “secondary meaning,” meaning the general public instantly recognizes the source the moment they hear it.
While this approach is innovative, Daliah emphasized that it is far more difficult for non-celebrities to replicate. For most individuals, establishing that level of distinctiveness is an uphill battle. To help modern creators who lack a celebrity budget protect their assets, Daliah offers these practical steps:
- Identify and assess your intellectual property portfolio. Invest in legal guidance early to identify vulnerabilities before problems arise.
- Trademark what you can. Distinctive names, slogans, logos, catchphrases, sounds, and other brand identifiers may qualify for trademark protection if they function as source identifiers connected to your goods or services.
- Protect original content and understand AI limitations. At a minimum, creators and businesses should consider formally registering original self-authored works with the U.S. Copyright Office when appropriate. At the same time, individuals should understand that copyright law protects human-created work–not content generated entirely by AI.
Proactive planning remains an artist’s best defense. If you have questions about copyright, trademarks, AI, or related disputes, you can schedule a consultation with Saper Law here.
