Kumar Sanu, the renowned Indian playback singer, has filed a suit in the Delhi High Court seeking protection of his personality rights against unauthorized exploitation. Justice Manmeet Pritam Singh Arora is scheduled to hear the case on Monday.
Sanu's legal action aims to safeguard his personality and publicity rights, encompassing his name, voice, vocal style and technique, vocal arrangements and interpretations, mannerisms, image, caricature, photographs, likeness, and signature. The suit seeks to prevent third parties from unauthorized or unlicensed use and commercial exploitation of these attributes, which could potentially cause public confusion or deception.
The suit addresses the violation of the singer's moral rights in his performances, as granted by Section 38B of the Copyright Act, 1957. Sanu alleges that his performances and voice have been used in GIFs, sound recordings, and video recordings in a manner that discredits him and subjects him to "unsavory humor," thereby infringing upon his moral rights.
A key concern for Sanu is the increasing use of artificial intelligence (AI) to clone his voice, vocal style, and technique. He is also troubled by the use of AI to morph his face and create merchandise. The singer argues that these unauthorized uses of his persona generate revenue for the defendants through uploads and streams on social networking platforms like Facebook, Instagram, and YouTube. These platforms generate revenue based on clicks and views of the content.
The suit has been filed against both named defendants and unnamed individuals, referred to as "John Does". Sanu asserts that the actions of the defendants infringe upon his personality and publicity rights and constitute an attempt at false endorsements and passing off. Advocates Shikha Sachdeva and Sana Raees Khan are representing Sanu in the case.
This legal action follows a similar case where Justice Arora recently granted protection to journalist Sudhir Chaudhary concerning the circulation of allegedly misleading and AI-generated videos on social media. Sanu's case highlights the growing concern among artists and public figures regarding the unauthorized use of their likeness and voice in the digital age, particularly with the rise of AI-generated content. The outcome of this case could set a precedent for the protection of personality rights in the face of emerging technologies.
