INDIA Law and Practice Contributed by: Safir Anand and Twinky Rampal, Anand and Anand Advocates
likeness in various Deepfake videos as well as by users of AI tools, such as ‘Midjour - ney’, to generate images of the actor. The Delhi High Court by way of its order dated 20 September 2024, restrained such illegal and unauthorised use of AI to produce or imitate Mr Kapoor’s persona (image, voice, likeness, etc.). Mr Anil Kapoor also subse - quently featured in Time ‘s ‘100 Most Influ - ential People in AI’. 2. Jaikishan Kakubhai Saraf (Jackie, Shroff) v Peppy Store , 2024 SCC Online Del 3664 This case involved infringement of eminent actor Mr Jackie, Shroff’s personality rights by, inter alia, an unlicensed chatbot, which provided responses to users’ chats in the actor’s iconic and inimitable mannerism and style. The Court observed that such use amounts to a violation of the actor’s per - sonality rights and restrained such misuse. 3. Arijit Singh v Codible Ventures LLP , 2024 SCC Online Bom 2445 This case, filed before the Bombay High Court, involved infringement of the well- known singer Mr Arijit Singh’s personality rights, mainly by the misuse of the singer’s voice, vocal style and vocal arrangements by various users of certain AI tools to gener - ate artificial sound recordings of the singer’s voice. The Court restrained such infringe - ment of the plaintiff’s personality rights and directed immediate deletion/removal of vid - eos featuring infringing content. 4. ANI Media v Open AI Inc. , Order dated 19 November 2024 in CS (COMM) No. 1028/2024
This case filed in India follows other suits filed against OpenAI in the US, Canada and Germany alleging infringement of copy - righted works by storage/use of the same by OpenAI as training data for its chatbot ChatGPT. It involves key legal issues includ - ing whether such use would qualify as ‘fair use’ under Indian copyright law. Though OpenAI has taken the defence that content owners are free to ‘opt out’ from the use of their content as training data, the inter - esting issue would be whether this would be fair. It is the early unrestricted access to data, including copyrighted data, which has made ChatGPT “intelligent”, leading it to build capabilities which would allow for future training even if access to training data is now limited. While in the first three cases, infringement was evident in the ‘output’ of the AI tools, this last case highlights infringement by way of the ‘input’ used by the AI tool, by way of its training data. 12.2 Trade Mark and Copyright Use on the Internet The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 regulate online intermediaries. The Rules stem from the Information Technology Act 2000. Online intermediaries are granted safe har - bour protection under Section 79 of the Act if they comply with specific obligations and due diligence requirements set forth in the Rules. If these Rules are violated, or if the intermediaries choose to act in defiance of a court or govern - ment order, they lose their safe harbour pro - tection and become liable, along with the true source of the infringing content.
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