Recently, actors Abhishek Bachchan and Aishwarya Rai Bachchan filed a lawsuit alleging that AI-generated videos portray them in fictitious scenarios, infringing upon their personality rights.
Personality Rights
- Personality rights encompass an individual's exclusive control over the commercial use of their identity, including their name, image, voice, behaviour, and other unique attributes of their persona.
- In India, personality rights are not defined by a specific statute but are protected through common law, Article 21 (Right to Privacy), and various intellectual property laws.
- Information Technology Act, 2000, and the 2024 IT Intermediary Guidelines address impersonation and deepfakes.
- The Copyright Act, 1957, grants performers exclusive rights, allowing them to control how their performances are reproduced and to object to any distortion or misuse.
- Trade Marks Act, 1999, permits individuals, particularly celebrities, to register distinctive attributes of their persona, such as names, signatures, or even catchphrases, as trademarks.
- Supreme Court in several cases highlighted AI infringements as breach of right to privacy or intellectual property rights.
- In Anil Kapoor Case (2023), court banned reproduction of Mr. Kapoor’s identity while in Arijit Singh Case (2024), court protected Mr. Singh’s voice from AI replication.
AI and Personality Rights
|
