Delhi High Court protects personality rights of singer Jubin Nautiyal

The Delhi High Court has passed an interim order protecting the personality and publicity rights of singer Jubin Nautiyal.

In an order passed on February 19, Justice Tushar Rao Gedela restrained multiple artificial intelligence platforms, websites and e-commerce portals from unauthorised use of his name, voice/vocal style, manner of singing, as well as image and likeness.

The Court has also ordered blocking/removal of links, videos, websites and mobile applications violating Nautiyal's personality rights.

Nautiyal moved the court alleging that certain AI platforms were using generative artificial intelligence and machine learning tools to clone his voice, mimic his singing style, and create digital avatars and deepfake content without authorisation. The suit also cited instances of face morphing, synthetic voice models and unauthorised chatbots built around his persona.

After hearing the case, the Court observed that the dent and damage to Nautiyal's image and personality appeared to be real and present.

"In the considered opinion of this Court, the plaintiff has a prima facie strong case and having regard to his well-known, popular and well-accepted personality, the balance of convenience is tilted in favour of the plaintiff. In case, ex-parte ad-interim injunction and other directions, as sought, are not passed, the irreparable loss and injury which may occasion may not be compensated in monetary terms," the Court observed.

Therefore, the Court restrained infringers from utilizing, exploiting or misappropriating the singer’s personality traits for commercial or personal gain across mediums, including websites, social media platforms and the metaverse.

The order specifically bars the creation or dissemination of AI-generated voice models, digital avatars, caricatures and other content imitating Nautiyal.

Notably, while hearing the case on February 19, the High Court had questioned Nautiyal's move to the Delhi High Court with his personality rights suit.

The Court had asked Nautiyal's lawyers about how the Delhi High Court would have jurisdiction to entertain suit when he is based out of Uttarakhand and some of the defendants were located in Romani and the UAE.

Advocates Vivek Vidyarthi, Suvigya Vidyarthi, Sarvagya Vidyarthi, Nischay Chaudhary, Apoorva Singh, Rushali Rawat and Samriddhi Shukla appeared for Jubin Nautiyal.

[Read Order]