If you use Descript's voice cloning feature, you are personally responsible for getting permission from anyone whose voice you record and clone, and you confirm to Descript that you have done so.
This analysis describes what Descript's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause shifts legal responsibility for obtaining biometric consent from Descript to the user, meaning if you clone someone's voice without their permission, you bear the legal exposure, not Descript.
Interpretive note: Whether Descript's liability shift to users is effective under applicable biometric privacy statutes and whether Descript itself retains regulatory exposure as a data controller are legally uncertain and jurisdiction-dependent.
Users who create voice clones of others are personally responsible for obtaining legally sufficient consent from those individuals, and failure to do so could expose the user to liability under biometric privacy laws or right of publicity statutes.
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"If you use Descript's voice cloning features, you represent and warrant that you have obtained all necessary rights, consents and permissions from any individuals whose voice, likeness, or other personal characteristics are captured in your Content, including the right for Descript to use such characteristics to create synthetic voice and likeness models.— Excerpt from Descript's Descript Terms of Service
REGULATORY LANDSCAPE: Voice cloning implicates BIPA (Illinois), the Texas Capture or Use of Biometric Identifier Act, the Washington My Health MY Data Act (as extended to biometrics), and right of publicity statutes in California and New York. The EU AI Act classifies certain biometric identification systems as high-risk, potentially affecting how voice cloning is offered to EU users. The FTC has signaled enforcement interest in AI-generated synthetic media that may deceive consumers. GOVERNANCE EXPOSURE: High. By asserting that users represent they have obtained all necessary consents, Descript attempts to shift liability for third-party voice cloning consent to users. However, this indemnification-style representation does not insulate Descript from regulatory enforcement where the platform itself is the data controller or processor of biometric data. JURISDICTION FLAGS: Illinois BIPA creates a private right of action for individuals whose biometric data is collected without informed written consent. California's right of publicity statute (Civil Code Section 3344) provides rights to individuals whose voice or likeness is used commercially without consent. EU users benefit from GDPR protections for biometric data as special category data requiring explicit consent under Article 9. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers using Descript for voice cloning in corporate communications should ensure internal policies require employee or talent consent documentation before using voice cloning features. This representation clause may be used by Descript to seek indemnification from business customers if third-party claims arise from unauthorized voice cloning conducted through the platform. COMPLIANCE CONSIDERATIONS: Legal teams at organizations using Descript should implement consent workflows for any voice cloning use cases involving identifiable individuals. Review whether existing talent or employment agreements address synthetic voice creation. Consider whether the platform's voice cloning capabilities are appropriate for use in regulated industries such as financial services or healthcare where additional consent requirements may apply.
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This clause shifts legal responsibility for obtaining biometric consent from Descript to the user, meaning if you clone someone's voice without their permission, you bear the legal exposure, not Descript.
Users who create voice clones of others are personally responsible for obtaining legally sufficient consent from those individuals, and failure to do so could expose the user to liability under biometric privacy laws or right of publicity statutes.
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