By Shwetha S Menon

Celebrity rights refer to the rights or the legal protection granted to individuals who have gained public recognition. These rights are particularly in relation to the commercial exploitation of their identity, image or persona. Celebrity rights allow those who have attained such a status in society to use, control and profit from their name, image, voice and other personal attributes that connect the audience to them. The main aspects of celebrity rights are derived from the right to privacy, the right to publicity and merchandising rights. Additionally, these rights can also include related aspects of trademark and copyright law.

Many celebrities, especially those in the fields of entertainment, fashion, sports etc, safeguard their persona as brands under the Trademark law by registering their name, signature, etc.  This legal protection  prevents others from using the said aspects to market goods or services without their authorisation. Some of them have also registered their famous catchphrases, and logos of their brands. Most of the actors also own production houses with unique names and they protect the same via trademark registration. Some of them also take trademark protection for their film names. Celebrities also hold copyrights for the works they create such as films, books, music or other creative endeavours.

In the digital age, most celebrities have expanded the horizon of their image and persona by utilizing various social media platforms. They connect directly with their audience and fans by sharing pictures, videos and hosting live sessions on social media.  This direct interaction has become a key part of their brand development, making people feel more connected to their favourite actors, sportspersons and singers.

However, digital media and social media platforms come with their own set of challenges especially in the light of the rapid advancements in Artificial intelligence (AI), more specifically generative AI. Some of the key issues are highlighted below:

  • AI-generated content:

Until the entry of AI technology, one of the main problems that celebrities faced was when their images were morphed, and fake images were created and posted on the internet by third-parties. Now, with the rapid advancement of AI, it has become incredibly easy to create highly realistic depictions of a celebrity’s likeness or to even mimic their voice. One such example is Deepfakes, where videos are created featuring a popular star or a celebrity where they talk about an issue or endorse a brand, that they are actually not a part of. Because of their accurate and convincing representation, such videos tend to mislead the public into believing that the celebrity personally created and posted the video. Several  Indian celebrities such as Rashmika Mandanna, Sachin Tendulkar, Alia Bhatt etc have been victims of deepfake videos. AI-generated videos of actors such as Ranveer Singh and Aamir Khan featuring political content, were also created at the time of the elections without their knowledge.

  • Contracts and Licenses:

Another key issue is with regard to contracts and licenses relating to celebrity endorsements. Celebrities often license their image, voice or likeliness for various commercial purposes such as advertising, video games, merchandise etc. These licenses are time-bound and specify the nature and extent of  use, ensure that the celebrity retains control over how his/ her persona is utilized and she/ he can negotiate new terms when needed. However, with AI enabling the continuous use of their likeness in digital formats, celebrities face challenges in negotiating new contracts. It is important for celebrities to have rigid and robust terms in their contracts that specify how AI-generated versions of their likeness can be used.

  • Ethical Considerations:

The ethical implications of using AI to create or alter celebrity content also cannot be overlooked. Celebrities may not wish to have their likeness used in ways that they deem inappropriate or can distort their image. Public backlash could arise if the AI-generated content misrepresents the celebrity image or goes overboard and crosses ethical boundaries. This could also potentially harm their reputation and image in the society as well as their brand value.

In India, we have few cases related to misuse of AI technology and AI-generated content. One of the first cases is that of Anil Kapoor v. Simply Life India[1], where the actor filed a suit to prevent the defendants from using his name, signature and photographs on posters, T-shirts and other merchandise without his authorisation, prevent others from selling merchandise that contains the catchphrase ‘Jhakaas’, used by him in one of his movies and now associated with him, prevent others from using his voice, dialogues, movie names etc, without permission. The Delhi High Court ruled in the actor’s favour and restrained the defendants from using his celebrity likeness and other aspects associated with him for commercial purposes. Recently, Arijit Singh also approached the Court after the widespread misuse of his likeliness, mainly his voice. He filed a legal suit against the unauthorised commercial use of his celebrity likeness to sell merchandise online. The Bombay High Court in Arijit Singh v. Codible Ventures LLP[2] emphasised the rights of the celebrities to control their image and persona. The Court opined that the celebrities have the right to safeguard their personal likeness from unauthorised commercial use. This case was the first of its kind in India to directly address the growing issue and complexities surrounding AI-generated content.

With the remarkable advancement of AI technology  and increasing  prevalance of AI generated content, it is up to the legislators to catch up and establish an appropriate legal framework to protect individual rights, such as rights to privacy and publicity rights, and account for these  technological developments. As of now, the law is quite ambiguous. The global reach of AI-generated content through social media also creates complications for the enforcement of law across borders. The current Indian IP laws also do not explicitly address AI-generated works. The ownership of an AI-generated work under IP laws is an open question. A more comprehensive legal framework that includes data protection, privacy, intellectual property, ethics, accountability etc is needed to ensure that the AI system is used fairly and responsibly. As AI continues to advance, laws too will have to evolve to effectively govern and regulate its use.

By Adv Shwetha S Menon

[1] Anil Kapoor v. Simply Life India, 2023 SCC OnLine Del 6914

[2] Arijit Singh v. Codible Ventures LLP, 2024 SCC online Bom 2445

The content on this blog is for informational purposes only and does not constitute legal advice.
Images generated using AI.