UPDATE
Apr 3, 2024 5:03 AM CDT
The estate of George Carlin has agreed to a settlement with the media company it sued over a fake hourlong comedy special that purportedly used artificial intelligence to re-create the late standup comic's style and material, the AP reports. In the settlement agreement filed with a federal court Monday, and a proposed order from both sides that awaits approval from a judge, the podcast outlet Dudesy agrees to permanently take down the special and to refrain from using Carlin's image, voice, or likeness in the future without the express written approval of the estate. The settlement meets the central demands laid out by the Carlin estate in the lawsuit filed on Jan. 25, and Carlin's daughter says she hopes the case "serves as a warning about the dangers posed by AI technologies."
Jan 26, 2024 12:19 PM CST
The estate of George Carlin has filed a lawsuit against the media company behind a fake hourlong comedy special that purportedly uses artificial intelligence to recreate the late standup comic's style and material. The lawsuit filed in federal court in Los Angeles on Thursday asks that a judge order the podcast outlet, Dudesy, to immediately take down the audio special, "George Carlin: I'm Glad I'm Dead," in which a synthesis of Carlin, who died in 2008, delivers commentary on current events, the AP reports. Carlin's daughter, Kelly Carlin, said in a statement that the work is "a poorly-executed facsimile cobbled together by unscrupulous individuals to capitalize on the extraordinary goodwill my father established with his adoring fanbase."
The Carlin estate and its executor, Jerold Hamza, are named as plaintiffs in the suit, which alleges violations of Carlin's right of publicity and copyright. The named defendants are Dudesy and podcast hosts Will Sasso and Chad Kultgen. "None of the Defendants had permission to use Carlin's likeness for the AI-generated 'George Carlin Special,' nor did they have a license to use any of the late comedian's copyrighted materials," the lawsuit says. At the beginning of the special posted on YouTube on Jan. 9, a voiceover identifying itself as the AI engine used by Dudesy says it listened to the comic's 50 years of material and "did my best to imitate his voice, cadence, and attitude as well as the subject matter I think would have interested him today."
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The plaintiffs say if that was in fact how it was created—and some listeners have doubted its stated origins—it means Carlin's copyright was violated. The lawsuit is among the first in what is likely to be an increasing number of major legal moves made to fight the regenerated use of celebrity images and likenesses. The AI issue was a major sticking point in the resolution of last year's Hollywood writers and actors strikes. Josh Schiller, an attorney for the plaintiffs, said in a statement that the "case is not just about AI, it's about the humans that use AI to violate the law, infringe on intellectual property rights, and flout common decency."
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