IP Case Law › Other › Akira Desai alias Akira Nandan v. Sambhawaami Studios LLP & …
Relevant Acts and provisions
Provisions considered: Personality rights; Section 12A, Commercial Courts Act, 2015; Order XXXIX, CPC
Brief facts
The plaintiff sued the makers and distributors of an AI-generated cinematographic film using his likeness, and the operators of social-media accounts impersonating him.
Issues before the Court
Whether interim relief should be granted against the AI-generated film and impersonating accounts, and whether pre-institution mediation could be dispensed with.
Court's findings
Following Yamini Manohar v. T.K.D. Keerthi, the Court granted exemption from pre-institution mediation, and granted interim relief against the impugned AI-generated film.
Decision
Defendants and all acting for them restrained from creating, publishing, uploading, sharing, transmitting, communicating to the public or disseminating the impugned AI-generated film; further directions against impersonating accounts.
Key legal principle / ratio
AI-generated audio-visual content exploiting a person's likeness without consent may be restrained at the interim stage as a violation of personality rights.
Important paragraph references
Para 8: Section 12A exemption; operative directions in the order. Interim order.
Important: This case note is a research summary only. It must be verified against the full judgment by a qualified lawyer, advocate or patent/trade mark attorney before any reliance. Do not rely on it as legal advice; Ragulika IP accepts no responsibility for its accuracy or for any action taken on it.
Keywords
AI-generated Film Deepfake Impersonation Accounts Personality Rights Pre-institution Mediation Exemption
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