AI tool that copied actor’s ‘lustrous’ voice violated his rights, says Tokyo court

A Japanese court has ruled that a TikTok account's AI-generated videos, which allegedly cloned the "lustrous" baritone voice of renowned actor Kenjiro Tsuda, violated his publicity rights. The decision, delivered by Tokyo district court, marks the first instance in Japan where the protection of human voices under publicity rights has been acknowledged.

The court determined that voices hold the same level of protection as publicity rights, which encompass the ability to control and benefit financially from one's identity. Judge Aya Takahashi stated that unauthorized use of a performer's voice constitutes an infringement on those rights.

Tsuda, who is best known for voicing Kento Nanami in the anime Jujutsu Kaisen, filed a lawsuit against the TikTok account operator in November last year. The court dismissed Tsuda's request for the removal of the offending videos, noting that they had been deleted shortly after the suit was filed. However, the ruling confirms that unauthorized use of an actor's voice can indeed infringe upon their publicity rights, particularly when the purpose is to capitalize on the commercial appeal of that voice.

Japan's voice actors are increasingly concerned about the impact of AI mimicry on their livelihoods and the industry at large. The Japan Actors Union's executive director, Yuko Sasaki, emphasized that an actor's voice is the culmination of years of training and apprenticeship. The lawsuit's plaintiff claimed that 188 AI-generated videos uploaded between July 2024 and September 2024 on an anonymous TikTok account were narrated by a deep and lustrous voice that was distinctly Tsuda's.

The TikTok platform argued that the videos contained a generic male voice and that any similarities to Tsuda's voice were subjective.

The court's decision highlights the recognition of voices as symbolic of an individual's personality, akin to portraits. The TikTok account, which featured images and AI-generated speech about urban legends, the occult, and conspiracy theories, had amassed over 200,000 subscribers at its peak and was reportedly generating monthly revenue between ¥500,000 and ¥75,000.

Tsuda's legal team contended that the account gained attention solely due to the unauthorized cloning of his attractive voice. TikTok responded by stating that it would respect the court's ruling while considering its next steps in balancing technology development and rights protection.