You cannot use ElevenLabs to create audio that copies or reproduces someone else's copyrighted material, trademarks, or violates someone's privacy or publicity rights.
This analysis describes what ElevenLabs'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 provision places responsibility on users for ensuring their AI-generated audio does not infringe third-party IP rights, which is particularly relevant given that voice synthesis can closely replicate the distinctive vocal characteristics of performers, broadcasters, and other rights holders.
Interpretive note: The legal status of AI-generated voice outputs under copyright and right of publicity law is unsettled, creating uncertainty about when this provision's obligations are triggered in practice.
Users who generate audio that closely replicates the voice or vocal style of rights holders, or that incorporates copyrighted script material, bear the legal risk of IP infringement claims under this policy, as ElevenLabs places that responsibility on the user rather than the platform.
How other platforms handle this
You retain any and all of your rights to any content you submit, post or display on or through the Services ('User Content') and you are responsible for protecting those rights. By submitting User Content through the Services, you hereby grant to Unity a non-exclusive, worldwide, royalty-free, fully...
As between you and AWS, you own your Content. We do not claim any ownership or control over your Content or the outputs generated through your use of Amazon Bedrock.
As between you and Anthropic, and to the extent permitted by applicable law, you retain any right, title, and interest that you have in the Inputs you submit. Subject to your compliance with our Terms, we assign to you all of our right, title, and interest—if any—in Outputs.
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"You may not use the Services to generate audio content that infringes the intellectual property rights of any third party, including copyrighted works, trademarks, or other proprietary materials, or that violates any third party's rights of publicity or privacy.— Excerpt from ElevenLabs's ElevenLabs Usage Policy
(1) REGULATORY LANDSCAPE: This provision engages the US Copyright Act (including sound recording protections), the Lanham Act for trademark-related voice misuse, state right of publicity statutes, and GDPR where voice data involves EU residents. The applicability of copyright protection to AI-generated voice outputs that closely mimic a human voice is an unsettled area of law in the US, and the policy's allocation of liability to users does not resolve the underlying legal uncertainty. (2) GOVERNANCE EXPOSURE: Medium. The provision is broadly consistent with standard platform IP indemnification clauses, but the specific context of voice synthesis adds complexity given the contested legal status of voice likeness protection and the potential for unintentional IP-proximate outputs. (3) JURISDICTION FLAGS: Right of publicity protections are strongest in California and New York. The EU provides stronger voice and likeness protections through GDPR and national personality rights frameworks. The legal status of AI-generated voice outputs under copyright law remains uncertain in multiple jurisdictions. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers should assess whether their indemnification obligations to ElevenLabs under the Terms of Service cover IP infringement claims arising from user-generated content, and should evaluate whether their own downstream user agreements adequately flow down IP compliance obligations. (5) COMPLIANCE CONSIDERATIONS: Legal teams should monitor the evolving legal landscape around AI-generated voice content and right of publicity claims, and should assess whether existing IP clearance workflows are adequate for voice synthesis use cases.
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This provision places responsibility on users for ensuring their AI-generated audio does not infringe third-party IP rights, which is particularly relevant given that voice synthesis can closely replicate the distinctive vocal characteristics of performers, broadcasters, and other rights holders.
Users who generate audio that closely replicates the voice or vocal style of rights holders, or that incorporates copyrighted script material, bear the legal risk of IP infringement claims under this policy, as ElevenLabs places that responsibility on the user rather than the platform.
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