Court Restrains Unauthorized Commercial Exploitation of Pawan Kalyan's Image and Persona by Online Platforms and AI Software
In a significant ruling, the Delhi High Court has reinforced the personality rights of Mr. Konidala Pawan Kalyan, a prominent public figure and Deputy Chief Minister of Andhra Pradesh. The court has granted an ex-parte ad-interim injunction to protect his personality attributes, including name, image, likeness, and persona, from unauthorized commercial exploitation.
The case, Mr. Konidala Pawan Kalyan v. Ashok Kumar John, centered around the unauthorized use of Kalyan's identity by various online platforms, AI software, and social media sites for commercial gain without his consent. The court held that such acts infringe on his personality rights, which are protected under statutory, constitutional, and common law frameworks.
In her judgment, Justice Manmeet Pritam Singh Arora emphasized that Kalyan's celebrity status inherently grants him proprietary rights over his personality attributes. The plaintiff argued that multiple entities were exploiting his identity to sell merchandise and create AI-generated content, leading to moral injury and public confusion.
The court's ruling directed defendants, including major online marketplaces and AI platforms, to cease the sale of infringing merchandise and to take down content that misappropriates Kalyan's identity. The platforms were also ordered to provide KYC details of infringers to the plaintiff to ensure compliance with the court's directions.
Moreover, the judgment addressed the issue of fan accounts on social media, allowing them to continue operating provided they include a disclaimer identifying them as fan accounts.
The ruling highlights the increasing legal challenges posed by AI technology in the domain of personality rights, marking a significant step in safeguarding the rights of public figures in the digital age.
Bottom Line:
Personality rights of public figures are protected under statutory, constitutional, and common law frameworks - Unauthorized use of a celebrity's name, image, likeness, voice, and persona for commercial gain violates their personality rights.
Statutory provision(s):
- Commercial Courts Act, 2015, Sections 12A, Order XXXIX Rules 1 and 2, CPC
- Intellectual Property - Personality Rights
- Artificial Intelligence and Personality Rights
Mr. Konidala Pawan Kalyan v. Ashok Kumar John, (Delhi) : Law Finder Doc Id # 2832339
