There isn’t any evidence that they used her voice for the “Sky” voice model. Actually, there is evidence that they paid a voice actress to model that specific actress’s voice.
That actress sounds similar to Scarlett, but it isn’t Scarlett’s voice. Is that illegal? No. Is it grounds for a suit? maybe. Will Scarlett win? Maybe.
Let’s put it another way. If you wanted to record an audio book, but you wanted the voice actor to have certain qualities that you think would help your book sell. You think Scarlett has all of those qualities, so you ask her if she would record it for you. She declines.
Well shit, that sucks. But wait! She’s not the only person with those vocal qualities. I am sure you can find someone else with very similar qualities. So you hire another voice actress that has all of those–which coincidentally and very understandable sounds a lot like Scarlett. But it isn’t Scarlett.
Everyone wants to say “big corp bad!” here, but if they truly didn’t use Scarlett’s voice and didn’t do any sort of manipulation to make it sound more like Scarlett, then why CANT they do it. I get that Scarlett is upset, but she’s basically mad that someone sounds like her–and decided to work for OpenAI.
If I wanted James Earl Jones to read my eulogy, but he isn’t available or is unwilling. Why couldn’t I get someone to sound like him to read it? Why should he be able to sue me for using a voice actor that sounds similar to him?