IP Case Law › Other › Arijit Singh v. Codible Ventures LLP & Ors.
Relevant Acts and provisions
Copyright Act, 1957
Provisions considered: Section 38B of the Copyright Act, 1957, on moral rights in performances, together with common law personality and publicity rights.
Brief facts
A leading playback singer sued numerous defendants over artificial-intelligence platforms and tools that used voice-cloning technology to synthesise his voice from text or audio input, tutorial videos teaching users to create such voice clones, unauthorised sale of merchandise bearing his name and image, animated-image platforms, a virtual event falsely suggesting his participation, and cybersquatted domain names incorporating his name. He sought an ex parte interim dynamic injunction restraining these activities.
Issues before the Court
- Does an artificial-intelligence platform that converts speech or audio into a celebrity's cloned voice without consent infringe personality and publicity rights?
- Can creating and instructing others to create such voice clones be shielded as free speech?
- Is a dynamic injunction appropriate against numerous platforms, merchandise sellers and cybersquatters?
Court's findings
The Court held that the plaintiff's celebrity status as a leading playback singer was established prima facie, and that his name, voice, vocal style, mannerisms, image and signature were protectable elements of his personality and publicity rights.
Applying the identifiability test discussed in Anil Kapoor v. Simply Life India, the Court held that tools enabling any user to convert speech into the plaintiff's voice using voice-cloning technology, without his consent, constituted a clear violation of his personality rights, since such tools facilitate unauthorised appropriation and manipulation of a core component of his identity.
The Court further held that freedom of speech and expression, while permitting critique and commentary, does not extend to a licence to exploit a celebrity's persona for commercial gain, rejecting the argument that tutorial videos demonstrating voice-cloning techniques were protected speech.
Decision
Ex parte interim dynamic injunction granted restraining artificial-intelligence based voice cloning, merchandise sales and use of the plaintiff's persona; domain names ordered locked and intermediaries directed to disclose infringer details.
Key legal principle / ratio
A celebrity's personality and publicity rights protect his name, voice, vocal style and other identifying attributes against unauthorised commercial exploitation, including through artificial-intelligence voice-cloning tools that enable any user to convert text or audio into the celebrity's synthesised voice; establishing celebrity status and identifiability suffices to found relief, and freedom of speech does not extend to commercial exploitation of a celebrity's persona.
Cases cited
- Anil Kapoor v. Simply Life India & Ors., 2023 SCC OnLine Del 6914
- D.M. Entertainment Pvt. Ltd. v. Baby Gift House & Ors., 2010 SCC OnLine Del 4790
Authorities referred to in the decision. Please verify each citation in the judgment itself.
Keywords
AI And Deepfakes Dynamic Injunction Moral Rights Personality Rights Publicity Rights
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