Navigating Intellectual Property and Personality Rights in the Era of AI

The advent of Artificial Intelligence (AI) has brought transformative opportunities to industries ranging from healthcare to entertainment. However, alongside these technological breakthroughs, challenges have emerged, especially in safeguarding intellectual property (IP) and personality rights. The legal frameworks across jurisdictions are struggling to address the complexities of AI's impact on IP laws, data privacy, and individual identity.

Understanding the Intersection of AI and Personality Rights

Personality rights, a subset of IP and privacy law, protect individuals against unauthorized exploitation of their identity. These rights encompass a person’s name, likeness, voice, signature, and other personal attributes. With AI technologies enabling the creation of hyper-realistic digital replicas, voice cloning, and synthetic media, the potential for misuse is vast. Unauthorized use can lead to reputational harm, privacy violations, and commercial exploitation.

Legal Framework in India

While India lacks a standalone statute on personality rights, several laws and judicial interpretations provide avenues for redressal:

Trademarks Act, 1999 The definition of "mark" under Section 2(m) allows individuals to register names and images as trademarks, offering protection against misuse. Celebrities frequently resort to common law remedies for passing off, requiring proof of their reputation, misrepresentation by the infringer, and resulting damage.

Copyright Act, 1957 Although the term "celebrity" isn't explicitly defined, Section 2(qq) recognizes performers, including actors, singers, and public figures. Sections 38, 38A, and 38B protect performers’ rights, granting them control over unauthorized use of their work and enabling them to prevent exploitation.

Information Technology (IT) Act, 2000 Section 66D penalizes impersonation using communication devices, addressing scenarios where AI tools replicate voices or images for fraudulent purposes. Section 66E protects privacy by penalizing unauthorized publishing of images, videos, or other media. Section 67 targets obscene AI-generated content, imposing penalties for its creation or circulation.

Judicial Precedents In Jackie Shroff v. The Peppy Store, the Delhi High Court issued an injunction preventing the unauthorized use of the actor’s persona for commercial purposes. Arijit Singh v. Codible Ventures LLP addressed the misuse of a playback singer’s voice and likeness by AI platforms, resulting in a court-mandated restraint on such activities.

Regulatory Interventions and Global Comparisons

Globally, countries are introducing AI-specific regulations to manage its legal and ethical implications. In India, the government has issued advisories aimed at curbing misuse:

• The IT Rules 2021 mandate that intermediaries take proactive measures to prevent the circulation of false or manipulated content, including AI-generated deepfakes.
• Social media platforms like Meta and YouTube have implemented policies requiring clear labeling of synthetic content.

Emerging Challenges with AI Tools

AI's capacity to replicate and manipulate has led to concerns about:

1. Identity Theft: Tools capable of cloning voices or creating digital avatars can lead to identity fraud.
2. Misinformation: Deepfakes are often used to mislead audiences, posing significant risks to public figures and institutions.
3. Monetary Exploitation: Unauthorized use of celebrity personas for merchandise, advertisements, or entertainment generates profits at the expense of the individual’s rights.

?Judicial Trends in Personality Rights

?Courts in India are increasingly proactive in addressing the challenges posed by AI:

• In Anil Kapoor v. Simply Life India, the Delhi High Court ruled against the unauthorized use of the actor’s likeness, emphasizing the need to curb technological exploitation.
• Recent public interest litigations have also sought regulatory frameworks to address the unregulated use of deepfakes and AI in content creation.

??Conclusion

The rise of artificial intelligence has redefined intellectual property and personality rights, creating unprecedented opportunities while posing significant legal and ethical challenges. In India, existing laws such as the Trademarks Act, Copyright Act, and IT Act offer partial protection against misuse, but the growing complexities of AI-driven violations highlight the urgent need for comprehensive and AI-specific regulations. To address these issues, a balanced approach is essential—combining legislative reforms, technological safeguards, and platform accountability to prevent unauthorized use and ensure transparency in AI-generated content. By fostering collaboration among policymakers, legal professionals, technologists, and the public, India can create a robust framework that safeguards individual rights while encouraging innovation in the digital age.

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