This is a link-enhanced version of an article that first appeared in Fortune India.
Article Overview:
The article explores how generative AI is reshaping brand endorsements and the entertainment industry, while increasing concerns around deepfakes and the unauthorised use of celebrities’ identities. It highlights the growing legal focus on personality rights and the need for stronger AI-specific regulations in India. The article also examines how consent, AI-generated likenesses and evolving legal frameworks are redefining the use and protection of digital identities.
Our Partner, Kirti Balasubramanian, shared her perspective. Here’s what she had to say:
“Courts in India are recognising personality as a commercially controllable bundle of attributes. Recent decisions reflect an expanded interpretation of ‘likeness,’ which now goes well beyond image to include voice, mannerisms, and other distinctive elements that technology can replicate with increasing accuracy.”
“What the courts have clarified, even without a dedicated law, is that consent must now be explicit rather than assumed.”
“This is likely to evolve into a more modular model, where different aspects of identity, such as voice, appearance, or even stylised traits, are licensed separately.”
“The liability framework in India is still evolving. Courts have been willing to grant omnibus takedown directions against unauthorised AI-generated content. But platforms are also being pulled into the enforcement conversation.”
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