Granting ad-interim relief to veteran singer Asha Bhosle, the Bombay High Court observed that “making Artificial Intelligence (AI) tools available for conversion of any voice into that of a celebrity without his/her permission” would be a violation of celebrity’s personal rights. A single-judge bench of Justice Arif S Doctor on September 29 passed an ad-interim order on interim application in the veteran singer’s commercial intellectual property rights infringement suit, copy of which was made available on Wednesday. Pending hearing of the plea, the HC restrained two US-based Artificial Intelligence (AI) platforms — Mayk Inc and Covers ai — and one Harry Tiwari from utilising, exploiting or violating singer's personality rights and/or passing off their goods and services as those emanating from or being endorsed by the applicant singer. Moreover, they are restrained from misappropriating the name Asha Bhosle, and her voice/vocal style and technique/local arrangements and interpretations, mannerisms, photographs/images, signature, persona for any commercial or personal gain without her written consent or authorisation. The court observed that the applicant Bhosle “made out a case for the grant of ad-interim reliefs.” “The fact that the Applicant/Plaintiff is a pre-eminent personality in the field of music is really beyond the realm of doubt. The Applicant/Plaintiff therefore, entitled to protection of her personality rights, including the Applicant/Plaintiff’s name, voice, photograph/caricature, image, likeness, persona, and other attributes of her personality," the HC held. Advocate Ankit Lohia for Bhosle had sought protection of her personality rights including name, voice, signatures, images for any commercial and personal gain without her consent. Lohia said the suit also pertained to violation of Bhosle's moral rights which vest in her in respect of her performances under Section 38-B of the Copyright Act, 1957. The singer has also sought to restrain the AI platforms concerned and others including John Doe (all unknown persons) infringing her rights over her voice among others. Bhosle also relied on orders passed by Delhi and Bombay HCs granting relief to singer Arijit Singh and actor Aishwarya Rai Bachhan to protect their personality rights The court, in its ex-parte order held that the material on record “prima facie makes clear that defendants are unauthorizedly using the applicant/plaintiff’s personality right” and directed the said defendants to suspend all infringing content uploaded by them pending disposal of plea. Justice Doctor observed, “In my prima facie view, making AI tools available to enable the conversion of any voice into that of a celebrity without his/her permission would constitute a violation of the celebrity’s personality rights. Such tools facilitate the unauthorized appropriation and manipulation of a celebrity’s voice, which is a key component of their personal identity and public persona, and such technological exploitation not only infringes upon the individual’s right to control and protect their own likeness and voice but also undermines their ability to prevent commercial and deceptive uses of their identity.” The court, pending final disposal of application, directed other defendants Amazon Seller Services Private Limited, Flipkart Internet Limited and Google LLC to take down and remove access to the infringed material and in the event applicant notified them about further infringing material, same shall be removed, "subject to their right to communicate to the applicant with reasons, any objection to such removal." The HC will hear the matter next on October 13.
