TL;DR: This question had already been settled in 2001 [3]:
The court determined that Midler should be compensated for the misappropriation of her voice, holding that, when "a distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs and have committed a tort in California."
I hope there's going to be no further hypotheticals after this.
-----
>They're doing something with a voice that some claim sounds like hers.
Yes, that's what a likeness is.
If you start using your own paintings of Taylor Swift in a product without her permission, you'll run afoul of the law, even though your painting is obviously not the actual Taylor Swift, and you painted it from memory.
>But if it isn't, then it is more like selling a figurine called Sally that happens to look a lot like Taylor Swift. Sally has a right to exist even if she happens to look like Taylor Swift.
Sally has a right to exist, not the right to be distributed, sold, and otherwise used for commercial gain without Taylor Swift's permission.
California Civil Code Section 3344(a) states:
Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person’s prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof.
Note the word "likeness".
Read more at [1] on Common Law protections of identity.
>Has there ever been an up and coming artist who was not allowed to sell their own songs, because they happened to sound a lot like an already famous artist? I doubt it.
Wrong question.
Can you give me an example of an artist which was allowed to do a close-enough impersonation without explicit approval?
No? Well, now you know a good reason for that.
Tribute bands are legally in the grey area[2], for that matter.
The court determined that Midler should be compensated for the misappropriation of her voice, holding that, when "a distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs and have committed a tort in California."
I hope there's going to be no further hypotheticals after this.
-----
>They're doing something with a voice that some claim sounds like hers.
Yes, that's what a likeness is.
If you start using your own paintings of Taylor Swift in a product without her permission, you'll run afoul of the law, even though your painting is obviously not the actual Taylor Swift, and you painted it from memory.
>But if it isn't, then it is more like selling a figurine called Sally that happens to look a lot like Taylor Swift. Sally has a right to exist even if she happens to look like Taylor Swift.
Sally has a right to exist, not the right to be distributed, sold, and otherwise used for commercial gain without Taylor Swift's permission.
California Civil Code Section 3344(a) states:
Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person’s prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof.
Note the word "likeness".
Read more at [1] on Common Law protections of identity.
>Has there ever been an up and coming artist who was not allowed to sell their own songs, because they happened to sound a lot like an already famous artist? I doubt it.
Wrong question.
Can you give me an example of an artist which was allowed to do a close-enough impersonation without explicit approval?
No? Well, now you know a good reason for that.
Tribute bands are legally in the grey area[2], for that matter.
[1] https://www.dmlp.org/legal-guide/california-right-publicity-...
[2] https://lawyerdrummer.com/2020/01/are-tribute-acts-actually-...
[3] https://repository.law.miami.edu/cgi/viewcontent.cgi?article...