The New Delhi High Court has found itself in an unprecedented territory, ruling on publicity rights for the first time in relation to a Bollywood actor’s persona. This move could potentially set a precedent for future cases of misuse of personal identity, particularly with regard to emerging technologies like deepfake.
Understanding Publicity Rights
Publicity rights refer to the legal safeguards that protect an individual’s right over their identity components: name, image, voice, and likeness. These rights ensure that one’s identity isn’t exploited for commercial gain without proper consent. But given that in India there’s no clear statutory provision about the duration of publicity rights, its understanding and interpretation remain vague.
Why Publicity Rights Matter
Protection of Personal Identity: With the rise of AI-generated deepfakes and synthetic media, publicity rights are critical in ensuring individuals maintain control over how their personal identity is used for commercial purposes.
Economic Incentive: Particularly for celebrities, these rights provide financial incentives to invest in maintaining and promoting their public persona, which in turn can lead to significant economic benefits in fields such as entertainment and sports.
Clarity and Accountability: A well-defined framework provided by publicity rights makes it easier to identify when unauthorized use of one’s identity happens, assisting in resolving disputes and safeguarding accountability.
Protection of Consumers: Publicity rights also play a role in protecting consumers from deceptive practices. By preventing false celebrity endorsements, these rights help maintain trust in advertising and endorsements.
The Potential Downsides of Publicity Rights
Limiting Freedom of Expression: Some argue that publicity rights can restrict freedom of speech and expression. They may inhibit the creative use of an individual’s image or likeness, even if there’s no intention to deceive or harm.
Overcompensation of Celebrities: Critics believe that celebrities who earn substantially through their work and endorsements might financially benefit even more through publicity rights, leading to overcompensation.
Complexity and Lack of Clarity: The implementation of publicity rights is often complex, potentially leading to legal disputes and uncertainty. When a violation occurs can be hard to pinpoint and might discourage valid usage of a person’s identity.
Solutions Moving Forward
Clarify and Harmonize Laws: To balance the protection of individual rights with creativity stimulation, it is essential to clarify and harmonize publicity rights laws. Defining these rights more explicitly can help achieve this balance.
Tailored Remedies: Encouraging a more nuanced approach to legal remedies could be beneficial. Courts could consider the specific nature and influence of each use and adjust their rulings accordingly.
AI Regulation: Given the rapid advancement of AI-created deepfakes and synthetic media, dedicated regulations are needed to control these developments. This could involve requirements for watermarking or other forms of labeling to identify AI-generated content, allowing the prevention of unwarranted harm without unnecessarily restricting artistic and creative expression.
