Bombay High Court Takes Stand: Interim Injunction Protects Celebrity Rights in Digital Age.
26 July 2024
Copyright Laws in India >> Intellectual Property Rights
In a significant legal development, a prominent playback singer has secured an interim injunction against multiple defendants in a high-profile case of Arijit Singh v/s Codible Ventures LLP & Others, concerning the unauthorized use of the Plaintiff’s personality rights. The ruling, delivered by the court, underscores the ongoing battle for celebrity rights in the digital age and sets a precedent for the protection of personal identities against misuse.
Case Background:
The legal dispute revolves around a renowned playback singer whose name, voice, and likeness have been exploited without permission. The plaintiff, represented by the advocate Mr. Kamod, sought immediate relief from the court to address violations related to unauthorized use of his persona. This includes misuse of his name, vocal style, image, and other personal attributes.
Key Aspects of the Court’s Decision:
- Grant of Ad-Interim Injunction
The court, considering the arguments presented, has granted an ad-interim injunction, which may also operate as a dynamic injunction. This decision was influenced by precedents set in similar cases, such as Applause Entertainment Private Limited v. Meta Platforms Inc., which emphasized the need for protective measures in cases involving personality rights. The court acknowledged that without such relief, the plaintiff would suffer irreparable harm that monetary compensation could not address.
- Relief Granted
At the ex-parte stage, the court has agreed to the plaintiff’s requests for certain immediate reliefs while deferring additional claims for later consideration. Specifically, the injunction covers:
- Restriction on Unauthorized Use: Defendants are restrained from using or exploiting the plaintiff’s personality rights in any form, including through artificial intelligence and digital media.
- Domain Name Actions: The court has ordered the suspension of disputed domain names, such as arijitsingh.com and arijitsingh.in. This measure aims to prevent any transfer or misuse of these domain names until further hearings.
- Content Removal: Defendants are directed to remove or edit online content that includes unauthorized references to the plaintiff's name, voice, and image.
- Disclosure Orders: Several defendants are required to disclose information related to domain registrations and the identities of parties involved in the infringing activities.
- Clarifications and Conditions
- Domain Name Suspension: Defendant entities involved with the domain names must lock or suspend these domains, preventing their transfer to third parties.
- Content Editing: Defendants responsible for specific YouTube videos are instructed to remove all references to the plaintiff’s personality traits from these videos.
- Compliance and Notification: The court has permitted compliance via email due to the large number of defendants and limited postal details. Additionally, defendants have the right to apply for variations to this order with adequate notice.
Next Steps and Future Proceedings:
The court has scheduled the next review of this interim application for September 2, 2024, to assess further reliefs and modifications. The current injunction will remain effective until September 3, 2024, providing temporary but crucial protection to the plaintiff’s personality rights.
Conclusion:
This ruling reflects a growing judicial awareness of the complexities surrounding celebrity rights in the digital era. By granting interim reliefs, the court has taken a significant step toward safeguarding personal identities against unauthorized exploitation. As the case progresses, the legal community and public will closely watch to see how these protections are enforced and whether they will set a new benchmark for similar disputes in the future.