Opinion Express View on Anil Kapoor copyright claims: Don’t say jhakaas

When the late-aughts’ sitcom 30 Rock first aired its 2007 episode “SeinfeldVision”, with its plot revolving around the comedian Jerry Seinfeld’s outrage over the insertion of his AI-generated likeness and voice in TV spots and reality shows, few guessed how prescient it would be. Fifteen years on, fears of AI-generated deep fakes being used to make profit is one of the main drivers of the ongoing SAG-AFTRA strike which has brought Hollywood to a standstill since July 14. These concerns have rippled all the way to India, where this week, the Delhi High Court upheld actor Anil Kapoor’s “personality rights” against misuse by AI.

In his suit, Kapoor sought to protect his name, image, likeness, voice and other attributes. There are precedents from around the world for protecting “personality rights”, including in India. In December last year, actor Amitabh Bachchan sought and won protection for his “unique and identifiable attributes”, including his “deep, rich, powerful, baritone voice”. Also, to dismiss Kapoor’s concerns regarding how deep fakes might affect his future earnings would be to ignore the demonstrably revolutionary powers of AI. Deep fake videos and even songs — such as the controversial AI-generated song “Heart on my sleeve” featuring the voices of The Weeknd and Drake — have shown what the technology is capable of.

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What has caused some discomfort among fans — besides generating considerable mirth — is Kapoor’s attempt to include among the attributes to be protected, the expression “jhakaas”, if it is said in the same “twisted way” that he did in the 1985 film Yudh. The absurdity was tailor-made for precisely the kind of mockery that met Kapoor’s announcement of the order, with many responding with a congratulatory “jhakaas”. Fans, as any celebrity should know by now, will always have the last word.