Trailer "Black Widow"/Disney Israel
The 22-second ad posted on Twitter by LISA.ai featured an AI-generated avatar of the actress, but it later emerged that the company had not received Johansson's permission to use her image and that she did not represent her. Now, Johansson's lawyer is taking action, noting that they view things very seriously.
The ad was spotted on October 28 and has since disappeared from the internet. She reportedly begins with an old behind-the-scenes video of Johansson in which she says, "What's going on guys? It's Scarlett and I want you to come with me..." After that, the graphic covers its mouth and the screen switches to AI-generated images. An imitation of Johansson's voice continues to speak in praise of the app: "It's not limited to avatars only. You can also create images with your own texts and even AI videos. I think you shouldn't miss it," says a voice that sounds like Johansson.
The fine print below the advertisement states that the images were produced by Lisa AI and that the spokeswoman has no connection to the company, but apparently, this amiable disclaimer is not enough to take away the lawsuit on behalf of the actress.
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From LISA's page. AI in Google App Store./Screenshot, Google Play
And what does the law say?
Many countries have strict laws regarding the right to privacy. Specifically in California, unauthorized use of an individual's "name, voice, signature, image, or likeness" for advertising or promotional purposes is considered a cause of action. However, previous cases of this kind have been resolved out of court to date through agreements. In this case, the prosecution hopes to bring order and create a precedent that will affect not only this particular case but also similar cases that may arise later.
As of today, the app is still available on Google and Apple app stores, but apparently, it's only a matter of time before such apps have to be held accountable for products that infringe copyright or illegally use the image of famous people for commercial purposes.
Deepfake technology continues to evolve
If only a few months ago, we came across similar ads that used only images, which also included Israeli celebrities such as Rotem Sela and Miri Mesika, today, the development of deepfake technology makes it possible to create fake videos, and they are already much more convincing than anything we have seen to date.
If that's not enough, a new feature from Meta invites people to "chat" with avatars of their favorite celebrities. Although their names are not explicitly used, the similarities of these avatars to real characters such as Kendall Jenner and Paris Hilton may well mislead viewers who are less familiar with the details. However, many argue that the very use of her image is not the problem, but the fact that it is done for commercial purposes.
Historical precedent
Of course, Johansson isn't the first actress to have her name and character stolen and manipulated for publicity, but she hopes to be the last. Last month, Tom Hanks took to social media to warn his fans about a promotional video for a dental show that includes an AI version of the actor. "Be careful! ... I have nothing to do with this," Hanks wrote on his Instagram Story.
Now, many privacy experts are closely following Johansson's trial and waiting for a ruling that will shed light on similar cases in the future.
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