AI and Personality Rights, Key Issues and Legal Framework

Personality rights refer to the rights of an individual to control the commercial use of their identity. Check here Key Issues and Legal Framework to save your Personality Rights.

Table of Contents

Context: Scarlett Johansson (a Hollywood actress) expressed shock and anger over OpenAI’s GPT-4o AI model, stating that one of its voices sounded eerily similar to her own.

What is Personality Rights?

Personality rights, also known as publicity rights, refer to the rights of an individual to control the commercial use of their identity, including their name, image, likeness, voice, and other distinctive characteristics.

These rights are often claimed by celebrities who seek to protect their persona from unauthorised exploitation.

AI and Personality Rights

Advances in AI technologies, particularly in deep learning and neural networks, have enabled the creation of highly realistic synthetic media, including voice cloning, face morphing, and deepfakes.
AI models can replicate or mimic an individual’s voice, image, or other personal characteristics without their consent, raising significant ethical and legal issues.

Key Issues

Unauthorised Use: AI-generated content can use an individual’s likeness or voice without permission, infringing on their personality rights.
- Such unauthorised use can lead to financial loss for the individual and damage to their reputation or brand.
Deepfakes and Identity Theft: Deepfake technology can create realistic but fake images or videos of individuals, potentially leading to misinformation, identity theft, or reputational harm.
Ethical Concerns: The use of AI to replicate a person’s identity raises ethical questions about consent, privacy, and the right to one’s own image and voice.

Legal Context and Examples

Scarlett Johansson vs. OpenAI: Scarlett Johansson accused OpenAI of using a voice in their GPT-4o model that mimicked her own without permission, despite her refusal to license her voice.
- OpenAI paused the use of the specific voice and apologised, stating the voice was of another actor and not intended to resemble Johansson’s.
Hollywood Actors’ Strikes: Unions of Hollywood actors protested against the potential use of AI to replicate their faces and voices without consent, fearing they could be used in films or shows without appropriate compensation.
- Film studios agreed to seek actors’ consent for AI uses to resolve the strikes.
The New York Times Lawsuit: The New York Times and other publications sued OpenAI, arguing that using their published content to train AI models without permission constitutes copyright infringement.
- The lawsuit highlights the broader issue of unauthorised data use for AI training.
Indian Legal Precedents:
- Jackie Shroff: The Delhi High Court protected Jackie Shroff’s personality rights, preventing e-commerce stores and AI chatbots from using his name, image, voice, and likeness without consent.
- Daler Mehndi: The Delhi HC ruled in favour of Daler Mehndi, who sued gift shops for selling dolls resembling his likeness and singing his songs without permission.
- Anil Kapoor: Anil Kapoor received an injunction against entities using his likeness through AI and other technologies for commercial purposes without consent.

Legal Framework

India:
- Personality rights are not explicitly defined in Indian law but are protected under the rights to privacy and property.
- Courts apply concepts from intellectual property law, such as ‘passing off’ and ‘deception,’ to protect these rights.
International Context:
- Various countries have different approaches to personality rights, often included under broader intellectual property or privacy laws.
- Celebrities in some jurisdictions register their distinctive characteristics as trademarks to protect and commercialise them.

Future Considerations

Legislation and Regulation: There is a growing need for specific legislation and clearer regulations to address the challenges posed by AI to personality rights.
Technological Solutions: Developing technological solutions to detect and prevent unauthorised use of personal characteristics can help mitigate these issues.
Ethical Guidelines: Establishing ethical guidelines for the use of AI in creating synthetic media is essential to protect individuals’ rights and prevent misuse.