Mumbai: In a first of its kind, the Bombay High Court has restrained platforms providing Artificial Intelligence (AI) tools from using or exploiting singer Arijit Singh's personality rights and to remove/ delete all such posts or content, voice conversion tools.
The court also noted that celebrities are vulnerable to being targeted by unauthorised generation of AI content and making such AI tools available was violative of their personality rights, the Bombay High Court has said.
Justice Riyaz Chagla passed the order while hearing a suit by the singer, through advocate Hiren Kamod, seeking protection of his personality rights. Singh sought injunction against such platforms contending they provide AI models / tools to synthesize artificial sound recordings of his voice.
Naming eight such platforms, Singh contended that they use AI to create audio and visual content mimicking his name, voice, mannerism / manner of singing, photograph, image, likeness, persona, and other attributes of his personality. The judge said that Singh had prima facie made out a case for ex-parte (without hearing the other party) interim relief.
“What shocks the conscience of this Court is the manner in which celebrities, particularly performers such as the present Plaintiff (Singh) are vulnerable to being targeted by unauthorized generative AI content such as that of some of the Defendants herein,” Justice Riyaz Chagla noted on July 26. The detailed order copy was made available on Wednesday.
The freedom of speech and expression allows for critique and commentary but does not grant the license to exploit a celebrity's persona for commercial gain, the court said.
Celebrities are entitled to protection of the facets of their personality such as their name, images, likeness, voice, signature, etc. against unauthorized commercial exploitation by third parties, the court underlined.
“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,” the judge added. “Such tools facilitate unauthorized appropriation and manipulation of a celebrity's voice, which is a key component of their personal identity and public persona.”
Justice Chagla said that such 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”. Such platforms are emboldening internet users to create counterfeit sound recordings and videos that misuse the Plaintiff’s character and identity.
In a detailed order, the court said that Singh was a notable singer / performer in India who has gained immense goodwill and reputation. “Prima facie, I am of the view that the Plaintiff’s personality traits including his name, voice, photograph / caricature, image, likeness, persona, and other attributes of his personality are protectable elements of his personality rights and right to publicity,” the court underscroed.
Noting that defendants were unauthorisedly using Singh’s personality traits, justice Chagla said that such “illegal exploitation” was for “commercial and personal gain”. It is being done without Singh’s permission, the judge added.
Kamod submitted that Singh hailed from a small town Murshidabad, in West Bengal, and had humble beginning. Now he is one of the most celebrated singer. Singh has made a conscious personal choice to refrain from any kind of brand endorsement or gross commercialization of his personality traits for the past several years, said Kamod.
The suit, filed through Legasis Partners, sought protection of his personality rights with regard to his name, voice, signatures, photograph, image, caricature, likeness, persona, and various other attributes of his personality against unauthorized / unlicensed commercial exploitation, misuse of all hues thereof.
