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In a landmark decision in the unauthorized use of their likeness by artificial intelligence (AI) creators, the Bombay High Court has taken a significant step to safeguard Bollywood singer Arijit Singh’s personality rights. The court has issued a restraining order against several third parties, prohibiting them from using Singh’s name, voice, mannerisms, and other personal attributes without his consent.
Bombay High Court protects Arijit Singh’s personality rights against unauthorized AI exploitation
According to Live Law India, Justice Riyaz Chagl addressed a growing concern over the exploitation of celebrities’ personal traits through advanced AI technologies. This order is a direct response to the misuse of Singh’s voice and image by various entities seeking commercial gain without authorization.
The court has prohibited entities from using Arijit Singh’s name, vocal style, photographs, and other attributes for any form of commercial or personal gain. This restriction extends to various forms of media, including online platforms, advertisements, promotional materials, and merchandise. Importantly, it also encompasses the use of AI technologies such as voice models, voice conversion tools, digital avatars, and deepfake technologies that replicate or mimic Singh’s persona.
Justice Chagla emphasized, “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.” The ruling aims to protect Singh from wrongful exploitation of his personality rights, ensuring that any AI-generated content mimicking his traits is addressed under the law.
The court’s concern centres on how unauthorized AI tools can manipulate and misuse a celebrity’s identity. Such tools enable the creation of counterfeit sound recordings, videos, and other content that could potentially harm the celebrity’s career and public image. Justice Chagla noted that these tools facilitate the unauthorized appropriation of a celebrity’s voice and likeness, which undermines their control over their identity.
The judge highlighted, “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.” This observation underscores the potential risks posed by such technologies, including economic harm and reputational damage to the celebrity involved.
The ruling addressed how the misuse of Singh’s name, voice, and image could jeopardize his livelihood. The judge pointed out that the Defendants are drawing traffic to their platforms by capitalizing on Singh’s popularity, leading to potential abuse of his personality rights. The creation of new audio or video content in Singh’s name without his consent could result in severe economic harm and jeopardize his career.
Justice Chagla observed, “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’s personality rights to potential abuse.”
In the ongoing legal battle, Singh’s counsel, advocate Hiren Kamod, highlighted that some AI creators were using Singh’s voice and mannerisms without permission. Additionally, Singh’s image and name were being exploited on various online platforms and merchandise.
The Bombay High Court’s order mandates the removal of content violating Singh’s personality rights. The court will reconvene on September 2, 2024, to review the case further and ensure compliance with the restraining order.
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