Fake videos, images using AI: Why Delhi HC protected personality rights of singer Kumar Sanu

The singer had sought permanent and mandatory injunction, alleging infringement of copyright and misappropriation of his personality and publicity rights. Further, the name ‘Kumar Sanu’ was stated to be protectable as trademark.

This marks another move by the court to protect the personality rights of the celebrity adding to the list of celebrities such as Anil Kapoor, Karan Johar and Jackie Shroff.

Here are the key observations in the interim order passed by Justice Manmeet Pritam Singh Arora:

• Sanu has immense goodwill and reputation as a singer/performer over the course of a very successful career and has acquired a celebrity status in India.
• A celebrity is entitled to safeguard his interest against any misuse of the personality attributes which includes his name, image, voice and likeness.
• Prima facie, Sanu’s personality traits and/or parts, including his name ‘Kumar Sanu’, voice, image, photograph or likeness and other attributes are protectable elements of his personality rights.
• If an injunction is not granted in favour of Sanu, irreparable loss and harm would be caused to his reputation.
• The celebrated signer has entitled himself to protect itself against morphed and distorted content which is demeaning.

Sanu’s arguments

Advocate Sana Raees Khan made several submissions on behalf of the singer, which include:

• The unauthorised use of the singer’s name may cause confusion or mislead the public into believing a false association, endorsement, or affiliation with the celebrity.
• Without the consent of the singer, there has been alleged use of image, voice, persona of the singer with the misuse of advanced technologies, including artificial intelligence, replicating or manipulating the singer’s voice and image.
• These infringements by different platforms have been putting goodwill and reputation of the singer at stake.
  It was also argued that the singer’s morphed videos and posts containing profane language were shared on Instagram and Facebook, and a case for protecting his rights is made under the Copyright Act, 1957.

Submissions of Google, Meta, Flipkart and Amazon

The case was against the parties who were majorly AI platforms, online intermediaries, and digital entities who allegedly used the name, voice, morphed images and other for unauthorised commercial use without the consent of the singer.

Here are their key submissions:

• Meta argued that the alleged social media accounts have been now made unavailable on the platforms of Facebook and Instagram.
• Google confirmed that several infringing URLs provided by Sanu have already been down and are now unavailable. Google also conveyed that the remaining infringing URL will be taken down as per the direction of the court.
• Flipkart and Amazon confirmed that they will abide by the directions issued by the court.

Kumar Sanu, often called the ‘Melody King of Bollywood’, is an Indian playback singer who has been in the Indian music and entertainment industry for almost 42 years. He got recognition among the masses with his songs in the film called ‘Aashiqui’ (1990). He is also the winner of Filmfare Award for Best Male Playback Singer five years in a row.

The high court’s interim order directs taking down of multiple URLS and social media accounts using unauthorised images, voices and personality of Sanu.