On April 27, pop artist Taylor Swift moved to register two brief audio samples and one performance photograph as trademarks, filings that legal observers say are intended to help shield her voice and likeness from artificial intelligence-driven deepfakes.
The trademark applications were submitted to the U.S. Patent and Trademark Office and list TAS Rights Management as the owner of the two clips and the image. According to the paperwork, one audio excerpt contains the line:
The other audio clip reads:"Hey, it’s Taylor Swift, and you can listen to my new album, ‘The Life of a Showgirl,’ on demand on Amazon Music Unlimited."
"Hey, it’s Taylor. My brand new album ‘The Life of a Showgirl’ is out on October 3 and you can click to presave it so you can listen to it on Spotify."
The photograph identified in the filings shows the singer performing onstage in a sequined outfit while holding a pink guitar.
A spokesperson for Swift did not immediately respond to requests for comment, and the attorneys whose names appear on the filings also did not reply when contacted.
Supporters of the trademark approach say it is a response to widespread AI-generated impersonations. The filings note that Swift’s voice and image have been used in a variety of AI-created deepfakes, including manipulated advertisements, fabricated political endorsements and explicit images.
Actor Matthew McConaughey has pursued and received similar trademark registrations for aspects of his own likeness. He is quoted as saying in January that "we want to create a clear perimeter around ownership with consent and attribution the norm in an AI world." That statement was included in the materials accompanying commentary about the filings.
Trademark attorney Josh Gerben, who publicized Swift’s trademark applications on his blog, described the filings as measures "specifically designed to protect Taylor from threats posed by artificial intelligence." Gerben noted that while existing Right of Publicity laws can provide protection against unauthorized commercial use of a famous person’s likeness, trademark registration may add another avenue for enforcement.
Gerben also flagged that seeking registration for a spoken voice represents a novel use of trademark law that has not been tested in court. He said: "Historically, singers relied on copyright law to protect their recorded music," and added, "But AI technologies now allow users to generate entirely new content that mimics an artist’s voice without copying an existing recording, creating a gap that trademarks may help fill."
On the visual side, Gerben argued that registering a distinctive photograph - including identifying details such as a commonly worn jumpsuit and pose - could give Swift’s team additional grounds to pursue claims against images that have been manipulated or generated by AI but that still evoke her likeness.
Context and implications
- These filings represent a legal strategy aimed at expanding the tools available to public figures to manage unauthorized AI uses of their identity.
- Registering audio as a trademark is an emerging tactic that has not yet been adjudicated in court and may test the boundaries between copyright, publicity rights and trademark law.
- The filings reflect concern about AI’s ability to create convincing synthetic representations of performers that fall outside traditional copyright protections.