Only Elis could authorize the use of image and voice in commercial – 07/11/2023 – Maria Inês Dolci

Would using artificial intelligence (AI) for a deceased person to participate in advertising be an undue action or a posthumous tribute? Does the Volkswagen commercial in which the magnificent singer Elis Regina is “revived” by the AI, and sings in a duet with her daughter, Maria Rita, go beyond ethical limits? From the point of view of consumer relations, I see a big problem: Elis was not and could not have been consulted about her interest in participating in this commercial. Therefore, the consumer is misled, thinking that Elis had a close relationship with that make and model of vehicle.

I address this discussion which, like all subjects these days, is dividing people.

Firstly, from an artistic point of view, seeing and hearing Elis sing in a duet with her daughter, who is also a great singer, is beautiful and moving. But it’s not just a tribute. Obviously, it is an ad with the interest of increasing sales of a vehicle model.

Undoubtedly, the family authorized the use of the singer’s image and voice, but that does not mean that she agreed with it. And that’s not even the discussion. We deal here with how to preserve, after death, the image of personalities in various artistic, cultural and sports areas.

It is difficult to accept that someone’s image (and voice) is used for commercial purposes without their express authorization. Just as it is not correct for children to participate in advertising, because they are not yet old enough to assess whether or not they would recommend that product or service.

Why do we still have to discuss this, and Conar (National Council for Advertising Self-Regulation) instituted an ethical process to investigate this piece? Because two movements are taking place in opposite directions: the use of AI is advancing rapidly, while we do not have specific legislation on this technological phenomenon.

I believe that, soon, artists, scientists, athletes, writers and other outstanding personalities in their areas will leave guidelines in their wills on how to proceed with regard to the use of their image or their works for AI actions, including advertising. Or they will leave that decision to the discretion of their closest family members.

Recently, it was reported that an alleged lost album by the group Oasis was created by the British band Breeze. The participation of AI occurred in the simulation of the voice of Liam Galagher, one of the brothers who were part of this band, disbanded in 2009.

In that case, Liam and Noel Galagher are alive to speak out. Liam even highly praised one of the tracks on the disc.

Paul McCartney, legendary Beatle, also recently announced that he will release a “new song from the group”. Thanks to AI, he would have managed to extract the voice of John Lennon, his musical partner who died in 1980, from an old tape recording, so that Paul could complete the track. Paul pointed out that nothing was created artificially.

If they do not accelerate the creation of the Artificial Intelligence Framework, we will have more and more situations like the one involving the greatest singer in the history of Brazil. And everything will get even more complicated with the evolution of AI.

I purposely did not address the political issues involved in this debate here, as they have already been widely discussed in articles, articles and on social networks.

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