Introduction:

In a landmark ruling, the Bombay High Court has taken a firm stand against the unauthorized use of celebrities’ personas by artificial intelligence (AI) content creators. The court issued an injunction to protect Bollywood singer Arijit Singh’s personality rights, prohibiting several entities from exploiting his name, voice, image, and other attributes for commercial gain without his consent. Justice Riyaz Chagla’s decision underscores the vulnerabilities of performers to unauthorized AI-generated content and the need to safeguard their identity and public persona.

Arguments of Both Sides:

Plaintiff’s Argument:

Arijit Singh, represented by Advocates Hiren Kamod, Prem Khullar, Neha Iyer, Vaibhav Keni, and Priyanka Joshi of Legasis Partners, argued that various third parties were misusing his personality traits without authorization. They contended that AI creators were replicating Singh’s voice and mannerisms, online platforms were selling products with his photo and signature, and some websites were operating under his name, all without his permission. The plaintiff highlighted that these unauthorized uses could mislead the public, damage his reputation, and result in significant economic harm. Singh’s legal team emphasized that he had consciously avoided brand endorsements and commercialization of his persona, making these unauthorized uses particularly egregious.

Defendant’s Argument:

The defendants, though not present to argue due to the ex-parte nature of the order, were accused of capitalizing on Singh’s popularity and reputation. They allegedly used his persona to attract traffic to their websites and AI platforms, facilitating the creation of counterfeit recordings and videos. These actions, according to the plaintiff, amounted to a violation of Singh’s personality rights and posed a threat to his career and livelihood.

Court’s Judgement:

• Protection of Personality Rights: Justice Chagla ruled in favor of Arijit Singh, emphasizing the necessity of protecting a celebrity’s personality rights and right to publicity. The court recognized that while freedom of speech and expression allows for critique and commentary, it does not extend to the commercial exploitation of a celebrity’s persona. The judge highlighted that unauthorized AI-generated content exploiting Singh’s identity without his consent was a clear violation of his rights.
• Unauthorized AI Content: The court’s order extends to the use of any technology to replicate Singh’s personality traits, including his name, voice, image, and likeness, on any medium or format. This includes online platforms, publications, advertisements, promotional materials, merchandise, domain names, and other commercial endeavors. The ruling specifically targets AI voice models, voice conversion tools, synthesized voices, digital avatars, caricatures, deepfakes, face morphing, and GIFs that mimic or represent Singh’s personality traits.
• Commercial and Personal Gain: Justice Chagla observed that the defendants were leveraging Singh’s persona to attract visitors and generate traffic, thereby subjecting his personality rights to potential abuse. The unauthorized creation of new audio or video content using Singh’s AI-generated name, voice, image, and persona could jeopardize his career and livelihood. The court expressed shock over the ease with which celebrities, particularly performers, could be targeted by unauthorized generative AI content.
• Legal Precedent: The court referred to the established legal proposition that protecting personality rights and right to publicity necessitates establishing the celebrity status of the plaintiff. In Singh’s case, the record clearly showed that the defendants were unauthorizedly using his personality traits for commercial and personal gain. The court underscored that making AI tools available to convert any voice into that of a celebrity without permission constitutes a violation of personality rights.
• Technological Exploitation: Justice Chagla emphasized that technological exploitation, such as the unauthorized use of AI tools to replicate a celebrity’s voice and likeness, infringes upon their right to control and protect their own identity. This form of exploitation not only undermines the celebrity’s ability to prevent commercial and deceptive uses of their identity but also risks severe economic harm and potential misuse by unscrupulous individuals.
• Ex-Parte Order and Future Hearings: The court passed the ex-parte order based on Singh’s suit, highlighting the unauthorized use of his personality traits by various third parties. The defendants were ordered to remove content that violated Singh’s personality rights. The matter is scheduled for further hearing on September 2, providing the defendants an opportunity to present their case.