Artificial intelligence (AI) has advanced to the point where it can produce highly realistic deepfake videos and mimic human voices. This technological leap has led to significant legal ambiguities and poses threats to both intellectual property and personality rights.
Personality rights encompass an individual's likeness, images, name, and voice. Although these rights are generally protected under existing Intellectual Property (IP) laws, there is a lack of specific legal provisions addressing them. In India, personality rights have been shaped through various legal precedents.
AI's capacity to replicate voices and generate content resembling specific individuals presents opportunities for misuse. Deepfake videos, for instance, can be exploited for fraud, extortion, and impersonation, thereby infringing upon personality rights.
A pressing legal question is whether personality rights are exclusively for celebrities or applicable to everyone. The current legal framework presents ambiguities, especially regarding the enforcement of these rights in the context of AI-generated content.
In India, personality rights safeguard both the commercial and non-commercial facets of an individual's persona. Such rights are particularly crucial for celebrities, who often engage in product endorsements. Unauthorized commercial use of a celebrity's image or likeness can result in legal proceedings.
Notable Indian celebrities, including Amitabh Bachchan and Kumar Sanu, are actively pursuing legal measures to shield their personality rights from AI exploitation. Kumar Sanu, a celebrated singer, is seeking legal safeguards to prevent the unauthorized use of his voice by AI technologies.
AI has the potential to keep the legacy of yesteryear singers alive by using their voices in new compositions, highlighting the nostalgic appeal. However, the use of AI-generated voices raises significant ethical and legal concerns regarding authenticity and consent.
Enhancing IP laws to specifically address AI-generated content is imperative. Establishing legal frameworks that protect both celebrities and the general populace is crucial. Additionally, promoting awareness about AI misuse and advocating for the responsible application of technology are essential steps forward.
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