Bollywood vs. AI Exploitation: A Legal Fight South Hasn’t Joined

Bollywood vs. AI Exploitation: A Legal Fight South Hasn’t Joined

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While artificial intelligence (AI) is being recognized globally as a transformative force across various sectors, its impact on the creative industry is particularly profound. AI is fundamentally altering the landscape of the entertainment sector worldwide. Generative AI possesses the capability to potentially supplant the roles of actors, writers, and other creative professionals. Initially, Hollywood stars were the first to incorporate clauses in their contracts that prohibit producers and studios from utilizing digitized images, voices, or performances without their explicit consent. Recently, prominent figures in the Hindi film industry have reportedly adopted similar measures. The question arises: have actors in the South Indian film industry begun to include such clauses in their contracts as well?

No specific clause for AI usage in contracts

Currently, there is no specific clause addressing AI usage in contracts. Film producer and distributor G. Dhananjeyan informed Hindustan Times that the inclusion of a clause regarding AI for visuals or voice is not yet common practice in the Tamil film industry. He stated, “The inclusion of a clause concerning AI usage is not widespread in actors’ contracts. As a legal standard, producers always seek the consent of actors before undertaking any voice transfers using AI, body scans, and so forth. Recently, we attempted to obtain permission from our lead actor, Vijay Antony, to dub his voice in Telugu for a film using AI. However, he declined, and we did not move forward with that plan. Although this clause is not universally demanded by all actors, producers adhere to professional ethics by always seeking the actors' consent and proceeding only if they agree. Therefore, whether or not it is formally included in the contract, the use of AI will only occur with the actor’s permission based on ethical considerations,” he elaborated, drawing on the principle of good faith.

Notably, the renowned actor Rajinikanth was among the pioneers in South India to publicly address the unauthorized exploitation of his likeness. In January 2023, he released a notice indicating that any individual or entity that utilizes his persona—comprising his name, image, and likeness—for commercial purposes without his consent would be subject to legal and criminal repercussions. However, the notice did not specifically address the implications of artificial intelligence. This raises the question: is it crucial to include provisions regarding the use of AI for generating digital representations, voices, and performances of actors in today's context?

Arijit Singh's case caused Bollywood to take the legal route

The case of Arijit Singh prompted Bollywood to pursue legal avenues. In 2024, the acclaimed singer Arijit Singh sought judicial intervention to safeguard his personality rights by filing a lawsuit against Codible Ventures LLP. In a significant ruling in October 2024, the Bombay High Court determined in the case of Arijit Singh v. Codible Ventures LLP that the unauthorized appropriation of the singer’s name, voice, image, and other personal characteristics by Codible Ventures LLP and similar entities constituted a breach of his rights. The court emphasized that celebrities possess the right to govern their public persona, and no one may commercially exploit it without their explicit consent. This ruling is believed to have established a precedent for numerous Hindi actors to advocate for the protection of their personality rights.

MV Bhaskar, an attorney and partner at Absolute Legal Law Firm in Chennai, who specializes in the media and entertainment sector, underscored the significance of safeguarding a celebrity’s personality rights in the current landscape of generative AI. He remarked, “Personality rights are essential for an artist, not only from a commercial standpoint but also for maintaining their reputation. As AI technology advances, it is imperative to implement safeguards to prevent misuse. Consequently, artists should incorporate appropriate clauses in their contracts to regulate the use of their image, voice, or likeness.”

One important consideration is the IT Act of India, as noted by Akshaye Rathi, a film exhibitor and distributor. He emphasized that with the rapid advancement of technology and artificial intelligence, it is crucial to protect the personality rights of celebrities and ensure they receive appropriate compensation. He remarked that intellectual property laws are still evolving, and there is a lag between celebrity contracts and the legal framework governing them.

No standard practice to address AI in south

Regarding the awareness of AI clauses among actors in South Indian cinema, advocate Bhaskar commented, “This has not yet become a widespread practice among stars here, although a few have recognized the necessity of including protections in their contracts against the unauthorized use of their voices, likeness, and other attributes.” As Bollywood celebrities actively work to secure their personality rights, it may be time for South Indian stars to also acknowledge and integrate AI protection clauses into their agreements.

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