Bollywood taking legal route to protect personality rights from AI; but South stars still slow to react

While artificial intelligence or AI is being celebrated worldwide as a significant game changer in many spheres, one of the industries it impacts tremendously is the creative one. AI is revolutionising the entertainment industry globally. Generative AI even has the potential to replace the work of actors, writers, and other creative professionals. While Hollywood celebs were the first to include clauses in their contract that stipulate that producers and studios could not use digitised images, voices and/or performances of actors without their prior consent, A-listers in the Hindi film industry have now reportedly followed suit. Have stars in south Indian cinema also started to include this clause in their contracts? (Also read: Vikramaditya Motwane looks at AI as a threat, says it's here to stay: Threat is people using it instead of hiring talent)

No specific clause for AI usage in contracts

Film producer and distributor G Dhananjeyan told Hindustan Times that the practice of adding a clause on the use of AI for visuals or voice is still not done in the Tamil film industry. “The practice of including a clause on the use of AI is not widely prevalent in actors’ contracts, and as a legal requirement, producers always seek the permission of actors to do any such voice transfers using AI, body scans, etc. Recently, we tried to get permission from our hero, Vijay Antony, to dub his voice in Telugu for a film using AI. But he refused, and we did not proceed with that plan. Even though, as a contract, this is still not demanded by all actors, according to professional ethics, producers always seek the actors' permission and proceed only if they agree. Thus, it does not matter whether or not it is in agreement. It will be used only with the actor’s permission on ethical grounds,” he explained using the good faith analogy.

Interestingly, superstar Rajinikanth was one of the first stars in South India to take an official stand on the unauthorised use of his persona. In January 2023, he issued a notice stating that anyone who exploits his personality (name, image, and likeness) for commercial gain without his permission will face legal and criminal action. However, the notice didn’t mention the use of AI. But was this clause on the use of AI for creating digitised images, voices, and performances of actors important today?

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

In 2024, popular singer Arijit Singh went to court to protect his personality rights and filed a case against Codible Ventures LLP. In October 2024, in an important judgement, the Bombay High Court, in the Arijit Singh v. Codible Ventures LLP case, ruled that the unauthorized use of the singer’s name, voice, image, and other personal attributes by Codible Ventures LLP and others constituted a violation of his rights. The court further stated that celebrities have a right to control their public persona, and no one could exploit it commercially without the celebrities’ consent. This judgement has reportedly set a precedent for many Hindi actors to work towards protecting their personality rights.

MV Bhaskar, advocate and partner, Absolute Legal Law Firm, Chennai, who specialises in the media and entertainment industry, stressed that protecting a celebrity’s personality rights is important in today’s world of generative AI. “Personality rights are fundamental to an artist not just from a commercial point of view but also necessary from a reputational perspective. With AI gaining ground, it is necessary to have the checks and balances in place to ensure it is not misused. Therefore, artists should have suitable clauses in their agreements that will regulate the usage of an artist's image, voice or likeness,” he stated.

One aspect that also needs to be looked into is the IT Act of India, added Akshaye Rathi, film exhibitor and distributor. “Given how technology and AI is evolving, it’s important that the personality rights of celebrities are safeguarded and properly compensated for. Intellectual property laws are still a work in progress. Celebrity contracts and the laws are playing catch up with each other,” he said.

No standard practice to address AI in south

As for whether actors in south cinema have realised the importance of the AI clause, advocate Bhaskar stated, “This has not yet become a practice across stars out here though few of them have now found it necessary to have protection in their agreements against using their voices, likeness, etc. without specific approval.” Given that Bollywood stars are vigorously trying to safeguard their personality rights, perhaps it’s time for South Stars also to recognise and incorporate the clause against the use of AI in their contracts.