Hey, it’s Taylor Swift
Let’s first take a closer look at the trademark applications Swift has filed. What exactly is she seeking trademark protection for? As far as her voice is concerned, the applications relate to two “sensory marks.” In both cases, the mark consists of an audio clip spoken by Swift. One of them says: “Hey, it’s Taylor Swift, and you can listen to my new album, The Life of a Showgirl, on demand on Amazon Music Unlimited.” The second mark contains similar wording, but with a reference to Spotify.
No protection for the voice itself
These trademark registrations offer only limited protection. They do not protect Swift’s voice as such, but only a specific text spoken by her. In this case, the fairly long promotional sentence quoted above. So you cannot say that her voice is protected as a trademark. If someone creates a deepfake in which Swift’s voice says something else, this trademark registration will not help her. After all, Swift’s voice as such is not protected as a trademark; only her voice speaking a very specific text is.
But does that mean Swift gains nothing at all from this registration? Not quite. If someone is foolish enough to create a deepfake in which her voice says something very close to the wording in the trademark application, Swift may well have a case.
Can a voice be protected at all?
At the same time, in Europe it is highly questionable whether a voice on its own is even suitable for trademark protection. The reason is mainly technical: you always have to submit an audio clip in which the voice can be heard. In practice, that always comes down to a combination of text and voice. Presumably, Swift has also run into that technical limitation and is trying to solve it in this way.
Appearance
To give her appearance extra protection, Swift has also applied for a trademark registration for an image of herself, in addition to these sensory marks. The image is a photo of her standing on stage in a fluorescent outfit with a pink guitar. It seems unlikely to me that this trademark will help her in the fight against deepfakes.
Here, too, Swift will only obtain protection for the mark as a whole. If Swift appears in a deepfake wearing a different outfit or in a different setting, this registration will be of no use to her.
It is understandable that Swift is seeking additional protection against deepfakes, but I am afraid these trademark registrations will not help her achieve that. It looks more like a media storm in a teacup.
Bas Kist
Banner Photo by Rosa Rafael on Unsplash
