Protection of Personality Rights - No unauthorized use and AI exploitation of a celebrity's name, voice, image etc..

Bombay High Court Grants Interim Relief to Asha Bhosle in Case Against AI Exploitation. High Court Protects Celebrity Personality Rights Against Unauthorized AI Use

In a significant ruling by the Bombay High Court, celebrated singer Asha Bhosle won an interim relief against Mayk Inc and other defendants for unauthorized exploitation of her personality rights using artificial intelligence (AI). The judgment, delivered by Justice Arif S. Doctor, underscores the importance of protecting celebrity personality and publicity rights from unauthorized commercial use, particularly in the digital age where AI technologies can clone voices and images.

The case arose when Bhosle discovered that her voice was being cloned and used on AI platforms without her consent. Mayk Inc, among other defendants, was found to be commercially exploiting Bhosle’s name, voice, and image through AI algorithms. The court’s decision affirms Bhosle’s claims that such acts violate her personality rights, publicity rights, and moral rights as protected under Section 38-B of the Copyright Act, 1957.

Justice Doctor, in his judgment, emphasized that unauthorized use of celebrity traits not only harms the individual’s reputation but also infringes on their right to control and protect their likeness and voice. The court recognized Bhosle’s stature in the music industry and the detrimental impact of such technological exploitation on her career and status.

The defendants were directed to cease the exploitation of Bhosle’s personality rights immediately. The court issued injunctions against the use of AI tools that clone celebrity voices and ordered the removal of infringing content from various platforms including websites and social media. Furthermore, defendants were instructed to disclose details of infringers and remove listings offering merchandise using Bhosle’s likeness.

The judgment is seen as a pivotal moment in the protection of personality rights in India, especially in the context of evolving digital technologies. It reinforces the legal framework that celebrities have the right to protect their image, voice, and other attributes from unauthorized commercial use, ensuring dignity and reputation are maintained.

This ruling follows precedents set by previous cases including Arijit Singh v. Codible Ventures LLP and Aishwarya Rai Bachchan v. Aishwaryaworld.com, where courts have consistently upheld the rights of celebrities to prevent unauthorized exploitation of their persona.

The Bombay High Court’s decision is expected to have far-reaching implications on the use of AI in creative industries, urging companies to seek consent before using celebrity attributes for commercial purposes.

Bottom Line:

Protection of Personality Rights - Unauthorized use and exploitation of a celebrity's name, voice, image, and other personality traits by third parties, including through the use of Artificial Intelligence (AI), violates the celebrity's personality and publicity rights.

Statutory provision(s): Copyright Act, 1957 Section 38-B

Asha Bhosle v. Mayk Inc, (Bombay) : Law Finder Doc id # 2787249