TLDR: The Delhi High Court has indicated it will issue an injunction to prevent the unauthorized use and AI-based imitation of veteran singer Kumar Sanu’s distinct voice, likeness, and persona, marking a significant legal step in protecting personality rights against generative AI misuse.
In a landmark development for personality rights in the era of artificial intelligence, the Delhi High Court has signaled its intent to issue an injunction order to restrain the unauthorized use and AI-based imitation of legendary playback singer Kumar Sanu’s voice, likeness, and overall persona. This decision comes after Sanu filed a petition seeking comprehensive protection for his personality and publicity rights against the burgeoning threat of AI-generated content.
Sanu’s plea, filed through advocates Shikha Sachdeva and Sana Raees Khan, sought to safeguard a wide array of his personal attributes, including his name, distinct voice, vocal style and technique, vocal arrangements and interpretations, mannerisms, manner of singing, images, caricatures, photographs, likeness, and signature. The singer alleged that numerous digital platforms and content creators have been utilizing AI-generated voice models, memes, GIFs, and videos that either imitate or distort his performances without consent. Such unauthorized acts, he contended, mislead audiences, cause reputational harm, and amount to false endorsement, often generating revenue for creators and social media platforms like YouTube, Facebook, and Instagram by monetizing his persona without permission.
The Delhi High Court, presided over by Justice Manmeet Pritam Singh Arora, referred to specific paragraphs from an earlier order involving filmmaker Karan Johar, where similar relief had been granted, indicating that the same principles would apply to Sanu’s case. This highlights the court’s proactive stance in shaping jurisprudence on personality rights in the digital age. The court noted that some infringing URLs, including one associated with ‘Opedia AI,’ had already been taken down after advance service of the suit.
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This case is particularly significant as it relies strongly on Section 38B of the Copyright Act, 1957, linking the violation of personality rights directly to the statutory protection of a performer’s moral rights, alongside common law rights of publicity. The singer’s legal team emphasized that the unauthorized use and monetization of AI-generated content without consent cause reputational damage and infringe upon legal rights. This high-profile litigation is poised to set a crucial precedent for the protection of artists’ digital rights in India, addressing the complex legal and ethical challenges posed by advanced AI technologies.
