Freedom Of Expression Doesn't Grant License To Exploit Celebrity's Persona: Bombay HC 'Protects' Arijit Singh's Personality Rights

Expressing shock over the fact that celebrities particularly performers are vulnerable to being 'targeted 'by unauthorised Artificial Intelligence (AI) content creators, the Bombay High Court last week restrained third parties from violating the 'personality' rights of Bollywood Singer Arijit Singh.

Justice Riyaz Chagla has restrained several entities from using Arijit Singh's name, voice / vocal style and technique / vocal arrangements and interpretations, mannerism/manner of singing, photograph, image or its likeness, signature, persona, and/or any other attributes of his personality in any form, for any commercial and personal gain and otherwise by exploiting them in any manner whatsoever, without his consent and or authorisation.

The bench underlined, “Even though freedom of speech and expression allows for critique and commentary, it does not grant the license to exploit a celebrity's persona for commercial gain. In these circumstances, this Court is inclined to protect the Plaintiff against any wrongful exploitation of his personality rights and right to publicity.”

This order, the judge clarified will also apply on the use of any technology to unauthorisedly use any of Arijit's personality traits in any form or media, including online platforms, publications, advertisements, promotional materials, merchandise, domain names, or any other commercial endeavour, creating or using artificial intelligence voice models, or voice conversion tool, synthesised voices or digital avatars, caricatures, that imitate or mimic or represent his personality traits, and artificial intelligence, generative artificial intelligence, machine learning, deepfakes, face morphing and / or GIFs, or any of them, on any medium or formats including but not limited to the physical medium, the virtual medium such as websites, Metaverse, social media.

“It is a settled proposition of law that in an action for protecting personality rights and right to publicity, establishing the celebrity status of the plaintiff is only the primary ingredient. In the present Suit, prima facie, the record shows that in the course of their impugned activities Defendants are unauthorisedly using the Plaintiff's personality traits such as name, image, likeness, etc. and that the Plaintiff can be specifically identified during such use. It also appears that such illegal exploitation of the Plaintiff's personality rights and right to publicity by the Defendants is for commercial and personal gain,” the judge said in the order.

Pertinently, all this is being done by these Defendants without any permission or authorisation of the Plaintiff, the bench noted.

“Making AI tools available that enable the conversion of any voice into that of a celebrity without his/her permission constitutes a violation of the celebrity's personality rights. Such tools facilitate unauthorised appropriation and manipulation of a celebrity's voice, which is a key component of their personal identity and public persona. This form of technological exploitation not only infringes upon the individual's right to control and protect their own likeness and voice but also undermines their ability to prevent commercial and deceptive uses of their identity,” the judge observed.

What 'shocked the conscience' of the Court was the manner in which celebrities, particularly performers such as the present Plaintiff are vulnerable to being targeted by unauthorised generative AI content such as that of some of the Defendant.

“These Defendants are attracting visitors / drawing traffic to their websites and/or AI platforms by capitalising on the Plaintiff's popularity and reputation, thereby subjecting the Plaintiff personality rights to potential abuse. These Defendants are emboldening internet users to create counterfeit sound recordings and videos that misuse the Plaintiff's character and identity. In my view, creation of new audio or video content / songs / videos in the Plaintiff's AI name / voice, photograph, image, likeness and persona without his consent and commercially using the same could potentially jeopardise the Plaintiff 's career / livelihood,” Justice Chagla underscored.

Additionally, allowing the Defendants to continue using the Plaintiff's name, voice, likeness etc. in the form of AI content, without consent of the Plaintiff, not only risks severe economic harm to the Plaintiff's life/career but also leaves room for opportunities for mis-utilisation of such tools by unscrupulous individuals for nefarious purposes, the order passed on July 26, reads.

The court passed the ex-parte order on a suit filed by Singh, highlighting how various third parties have been misusing his personality traits. Through advocate Hiren Kamod, the singer pointed out that some AI creators were using his voice and mannerisms, some online platforms had been selling various articles or products with his photo, signature or name on them, and some websites were being run in his name. All this, the counsel said was being done without his client's prior permission.

“Moreover, in the present case, the Plaintiff has specifically pleaded that he has made a conscious personal choice to refrain from any kind of brand endorsement or gross commercialisation of his personality traits for the past several years,” the bench noted.


With these observations, the bench ordered various entities to remove content that violates the personality rights of Singh.

The matter would be again heard on September 2.

Appearance:

Advocates Hiren Kamod, Prem Khullar, Neha Iyer, Vaibhav Keni and Priyanka Joshi instructed by Legasis Partners appeared for Arijit Singh.

Case Title: Arijit Singh vs Codible Ventures LLP (Com IPR Suit (L)/ 23443/ 2024)

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