Bombay HIGH COURT Stricks a Chord in favor of Arijit singh

INTRODUCTION

The Bombay High Court, in Arijit Singh v. Codible Ventures LLP and Ors, granted an ad-interim injunction in favour of Plaintiff Arijit Singh protecting his personality rights including the plaintiff’s name, voice, signature, photograph, video, image, caricature, persona and other elements. This landmark judgement is pivotal in safeguarding one’s persona against unauthorized commercial use, misuse, or exploitation in any form.

BACKGROUND

The plaintiff in the present case, Arjit Singh, a renowned singer, hails from West Bengal, evolved from reality TV contestant to a global music icon for his diverse repertoire and notable contributions. However, The defendants herein, have alleged used AI technology to imitate the plaintiff’s voice, his image, signature and other attributes without his consent, thus infringing on his personality rights.

DISPUTE

The plaintiff alleges that the defendants have utilized AI technology to replicate and adapt his voice without permission, falsely implying an association with him. The plaintiff further alleges that the defendants have also sold products featuring his image, signature, and other attributes, and distributed unauthorized GIFs of him online The plaintiff claims that these actions constitute a violation of his moral rights under Section 38-B of the Copyright Act 1957, causing harm to his reputation through unauthorized distortion, or dissemination of his performance and recording.

JUDGEMENT

The Bombay High Court recognized the plaintiff, Arijit Singh, as a renowned singer with significant goodwill and reputation. The court affirmed that celebrities like him have the right to protect their personality traits, including name, image, and voice, from unauthorized commercial exploitation. The court agreed that using AI to mimic a celebrity’s voice without permission violates their personality rights. It also noted that creating and selling merchandise with the plaintiff’s image or anything related to plaintiff without consent also infringes his personality rights. Consequently, the High Court granted an ad-interim injunction, restraining the defendants from using the plaintiff’s personality traits for commercial gain without his consent and ordered the removal of related content featuring the plaintiff’s image or voice from various online platforms.

SIGNIFICANCE

The significance of this court ruling lies in its recognition of the importance of protecting celebrities’ personality rights and publicity rights in the digital age. By acknowledging the potential harm caused by unauthorized use of AI to replicate a celebrity’s voice and emphasizing the need to protect personality traits from commercial exploitation, the court sets a precedent for safeguarding individuals’ rights in the digital sphere.

CONCLUSION

The Bombay High Court’s landmark ruling in favour of Arijit Singh’s personality rights marks a significant milestone in safeguarding the personality rights on public figures. This decision underscores the importance of regulating digital content, ensuring that public figures can maintain control over their public image and reputation, and paving the way for a safer and more respectful digital landscape.

Article By:- Mohit Porwal (VP- Legal & Finance) & Awertika Shrivastava (Trademark-Trainee)
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