In an age where digital technology enables unprecedented levels of imitation and manipulation, the protection of personality rights has become more critical than ever. A recent decision by the Single Judge Bench of Justice R.I. Chagla highlights the complexities and significance of safeguarding one’s personality traits against unauthorized commercial exploitation. The case is about a prominent artist who sought legal protection against the unauthorized use and exploitation of his name, voice, image, and other personal traits.

The Bombay High Court has granted significant relief to popular Indian artist Arijit Singh, affirming that his name, voice, manner of singing, image, signatures and other personal attributes are protected elements of his personality rights.

Background of the case:

Arijit Singh, one of India’s most acclaimed, famous, successful, reputated and beloved singer, sought legal protection against unauthorized use of his ame, voice, manner of singing, image, signatures and other personal attributes. His legal challenges included:

• AI-Generated Content: Artificial Intelligence Platforms using sophisticated algorithms to create audio and visual content inter-alia mimicking/reproducing the features, such as the Plaintiff’s name, voice, mannerism / manner of singing, photograph, image, likeness, persona, and other attributes of his personality.
• Unauthorized Merchandising: A Bangalore restaurant/ pub used Arijit Singh’s name and image to promote an event without his permission, while another party was commercially exploiting the Plaintiff’s publicity rights goodwill and reputation i.e. by advertising, promoting and offering for sale various merchandise such as posters, , t-shirts / clothing, framed photographs, guitar tabs, etc. bearing the Arijit Singh’s name, image, photograph and / or likeness on various e-commerce websites / platform.
• Infringing Websites: A website named arijitsingh.com and arijitsingh.in used Arijit Singh’s name without authorization, leading to concerns about potential abuse and misrepresentation.

The court’s analysis:

Justice R.I. Chagla’s ruling highlights the legal recognition of personality rights and the need for their protection, especially in light of technological advancements:

• Recognition of Celebrity Rights:

The Court affirmed that celebrities have distinct rights to control and protect their personal attributes. This includes the right to prevent unauthorized commercial use of their name, image, voice, and other traits. Such protection ensures that their persona is not exploited without permission.

• Impact of AI and Digital Tools:

The Court expressed concern over AI technologies that can imitate a celebrity’s voice or likeness. Such technologies facilitate unauthorized manipulation and exploitation of a celebrity’s personal attributes. The judgment recognized that such misuse undermines a celebrity’s control over their public persona.

• Legal Precedents:

The ruling referenced previous cases like Karan Johar v. Indian Pride Advisory Pvt. Ltd. and Anil Kapoor v. Simply Life India to bolster the argument that personality rights are legally protected. Unauthorized use of a celebrity’s attributes constitutes a violation of their publicity rights and personality rights.

Court’s Decision:

The Court’s decision was comprehensive and aimed at preventing further unauthorized use:

• Ad-Interim Injunction: The Court granted an ex-parte ad interim injunction, prohibiting the defendants from using the Arijit Singh’s name, voice, likeness etc.  for any commercial purpose without consent of the Arijit Singh will not only impact severe economic harm to his career but also room for opportunities for misutilization of such tools by unscrupulous individuals for nefarious purposes. The court also opined that 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 jeopardize the Plaintiff’s career/ livelihood.
• Immediate Actions: Defendants were ordered to suspend URL for the infringing website, arijitsingh.com, mandated that it should not be transferred to third parties and remove unauthorized content from digital platforms.
• Ongoing Protection: The injunction was set to remain in effect until further notice, ensuring ongoing protection of the plaintiff’s rights.

Conclusion:

The ruling in the case of Arijit Singh v. Codible Ventures LLP, highlights the critical need to protect personality rights in today’s digital landscape. As technology evolves, so too must the legal frameworks that safeguard personal attributes. Celebrities and public figures face unique challenges in this regard, making it essential for legal systems to adapt and provide robust protections against unauthorized exploitation.

Justice R.I. Chagla’s decision underscores the judiciary’s commitment to addressing these modern challenges and ensuring that individuals’ rights to their personal identity and reputation are upheld.