Artificial Intelligence (AI herewith) platforms have seen a dramatic rise in commercial non-consensual use of celebrities’ identities. Recently, we have witnessedunauthorised personnel exploiting the unique traits constituted as personality rights and publicity rights of famous figures on which their livelihood depends. Henceforth, it is essential to protect the personality rights of well-known public figures, including their unique identities such as certain dialogues, mannerisms, names, signatures, techniques, etc., as unfair practices associated with their identity may lead to defamation and harm their livelihood and image. The cases analysed in this article by the researcher have seen significant efforts from the Indian Judiciary in protecting the Intellectual Property Rights (IPR herewith) and fundamental and moral rights of persons from contemporary tools associated with AI like machine learning, deep fakes, face morphing, GIFs etc.
It is expected to find pirated, copied or fake versions of almost every movie, song, dialogue, scene, merchandise, etc., on the internet and in the market or black market. Further, with the growing popularity and abilities of AI tools during the Fourth Industrial Revolution, there are no limitations to creativity and innovation. AI can imitate humans in various ways, which can be further commercially exploited.
“The World Intellectual Property Organization (“WIPO”) defines intellectual property (IP herewith) as “a creation of mind”.”[1] Therefore, AI, which enables computer systems to perform intellectual tasks, is within the ambit of IP. Recently, “there have been several growth and fast developments with Artificial Intelligence based approaches which indeed helped in advanced technology development.”[2]All systems can now create poetry, artwork, and other types of intricate creative labour in addition to simple mathematics. As exciting and helpful AI systems are to humankind, they come with complex problems. The intersection of AI and IPR has led to a new sphere of IPR that we were earlier unaware we needed. “Nations such as the United Kingdoms and the United States of America have put forth tenacious attempts to decipher the current regulations in a way that includes the Al highlight also.”
[1] “Devank Kumar Singh, IP Laws, Innovation and the AI Based Patents: US and EU, 4 INT’lJ.L. MGMT. & HUMAN. 5784 (2021).”
[2] “Naik, Chinmaya & Jain, Sonali & Sehgal, Jai. Analysis and Comparative Study of the Development of Technology with Artificial Intelligence in India. (2020).”
[3] “Aakanksha Bhatia, AI and Copyright