Written by: Lex Protector|June 5, 2024
Introduction
The fame that celebrities receive is a reward for their success. However, recent advancements in artificial intelligence (AI) have posed a significant threat to their rights to their own personality. AI is now massively capable of reproducing the image, voice texture, and other unique characteristics of individuals, particularly celebrities. The unscrupulous use of generative AI to produce deepfakes raises serious concerns about the role of human talent in the entertainment industry, directly threatening their livelihood and survival. Copyright protection laws must be strengthened and enforced to safeguard celebrities’ rights against unauthorized use and exploitation of their likeness by AI technologies.
Concept Of Personality Rights
Personality rights are those rights that are used by a person to protect the features that are unique to him and shape up his personality. Although this right is available to every individual but the peril of its infringement rests with those in limelight. There are two facets of personality rights namely, right to publicity and right to privacy.
In India, separate legislation for the protection of personality rights is yet to arrive. Currently, personality rights fall under the ambit of the right to privacy, protected under Article 21 of the Constitution of India. The commercial aspect of personality rights is safeguarded by the provisions of trademark law, which treat distinctive attributes like name, dialogues, and autograph of the person concerned as a trademark. Additionally, the provisions of the law of torts and copyright laws in India help protect personality rights. However, judicial pronouncements play a significant role in guarding personality rights due to the absence of specific, adequate laws.
Trademark Registration and Personality Rights
Trademark registration is crucial in protecting a celebrity’s distinctive attributes. By registering their name, image, or signature as trademarks, celebrities can gain legal protection against unauthorized commercial use. This means that an attempt to use the registered trademark of celebrity without consent would welcome legal consequences, thereby preserving the authenticity and commercial value of the celebrity’s persona.
For example, when a celebrity’s name or image is trademarked, any use of these elements in advertising or other commercial contexts without permission can be legally challenged. This not only prevents unauthorized exploitation but also ensures that celebrities can monetize their persona effectively. Trademark registration thus acts as a deterrent against the misuse of a celebrity’s identity and helps maintain their control over how their image and likeness are used.
Copyright Protection and Personality Rights
Copyright protection also plays a significant role in safeguarding personality rights. Copyright laws protect original works of authorship, including literary, musical, and artistic works. In the context of celebrities, copyright protection can extend to performances, photographs, and other creative expressions. This means that their creative expressions cannot be reproduced or distributed without permission. Unauthorized reproduction or distribution by any means including through deepfakes created by Gen AI, calls for a legal action under the copyright law.
For instance, a celebrity’s performance in a movie or a unique photoshoot is protected by copyright. If a deepfake video replicates this performance or photo without authorization, it constitutes a breach of copyright laws. By leveraging copyright protection, celebrities can ensure that their creative works and unique expressions are not exploited without their consent.
Deepfakes by Gen AI Concerning Indian Celebs
Generative AI has been used to create alarming deepfakes involving Indian celebrities. For example, AI was used to create a morphed video of Bollywood actress Alia Bhatt, where her face was superimposed onto Wamiqa Gabbi’s body. Such deepfakes are not only misleading but also infringe on Alia Bhatt’s personality rights, including her right to publicity and privacy. Without her consent, her image was manipulated and used in a manner that could potentially harm her reputation and commercial value.
In April 2024, generative AI was weaponized to influence voters by creating fake videos of actors Ranveer Singh and Amir Khan. In these videos, they were shown campaigning for Congress and criticizing Prime Minister Narendra Modi for not keeping campaign promises and not addressing economic issues during his tenure. These deepfakes were particularly insidious as they aimed to manipulate public opinion and political outcomes by exploiting the celebrities’ recognizable faces and voices.
Such misuse of AI-generated deepfakes underscores the urgent need for robust legal frameworks, including trademark registration and copyright protection, to safeguard the personality rights of Indian celebrities. Without stringent laws and effective enforcement mechanisms, the authenticity and economic value of their personal brands are at significant risk.
The Legal Framework and Future Directions
The existing legal framework in India provides some protection for personality rights through a combination of privacy rights under the Constitution, trademark laws, and copyright laws. However, these protections are often piecemeal and rely heavily on judicial interpretation and enforcement. The growing threat posed by AI technologies like deepfakes highlights the need for more comprehensive and specific legislation addressing personality rights.
Future legal frameworks could include explicit provisions for protection against the unauthorized use of a person’s image, voice, and other personal attributes, both in physical and digital realms. This could involve clearer guidelines on the registration of trademarks related to personal attributes and more robust mechanisms for copyright enforcement in cases involving digital manipulations like deepfakes.
Moreover, raising public awareness about the legal avenues available to celebrities for protecting their personality rights is crucial. Celebrities and their legal teams should be proactive in registering trademarks and copyrights and in pursuing legal action against unauthorized uses. Collaborative efforts between the entertainment industry, legal professionals, and policymakers are essential to developing and enforcing these protections effectively.
Conclusion
The rise of generative AI and its potential to create realistic deepfakes poses a significant threat to the authenticity and commercial value of Indian celebrities’ personalities. Protecting their rights through trademark registration and copyright protection is essential to safeguarding their unique attributes and ensuring their livelihood. As AI technology continues to evolve, it is imperative that legal frameworks adapt to address these challenges, providing robust and comprehensive protection for personality rights in the digital age.
