Estate of George Carlin Sues Podcasters Over AI-Generated Comedy Routine

January 26, 2024

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The estate of iconic comedian George Carlin has filed a lawsuit against podcasters Will Sasso and Chad Kultgen for utilizing artificial intelligence to develop a script and mimic the late comedian’s voice in a new comedy routine. The complaint, lodged in the US District Court for the Central District of California, alleges both right of publicity violations and copyright infringement.

Alleged Infringement and Release of “I’m Glad I’m Dead” Special

Sasso and Kultgen aired their Carlin-inspired “I’m Glad I’m Dead” special on their Dudesy podcast on January 9. According to the complaint, the defendants confessed to feeding extensive copyrighted Carlin content into an AI system, resulting in the creation of the script and an imitation of Carlin’s voice, which the estate deems impermissible. George Carlin passed away in 2008.

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Exploring the Legal Boundaries of AI

The lawsuit, spearheaded by Carlin’s estate and Jerold Hamza, Carlin’s long-standing manager and estate executor, raises pertinent questions regarding the permissible use of AI in conjunction with copyrighted material and the emulation of renowned personalities.

Copyright Infringement and Right of Publicity Violation

The complaint asserts that using Carlin’s copyrighted material to generate new AI content constitutes copyright infringement. Moreover, it argues that the routine’s attempt to convey Carlin’s hypothetical stance on contemporary issues, alongside using his name and AI-rendered images, violates his posthumous right to publicity under California law. This law grants control over an individual’s name and likeness for commercial endeavors.

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Previous AI Content Removal and Lack of Comment

Dudesy had previously removed an AI-generated video featuring Tom Brady delivering a stand-up routine following legal threats from the retired NFL star. Despite attempts to reach out for comment, neither Dudesy nor Sasso responded promptly to inquiries made via their Facebook pages.