Madras High Court protects music director Ilaiyaraaja’s personality rights

The Madras High Court on Friday granted interim protection to the personality rights of music composer Ilaiyaraaja by restraining various digital platforms from using his image, photographs, comical or animated depictions, AI-generated visuals or any other identifiable attributes without authorisation [Dr Ilaiyaraaja Vs Ashok Kumar].

Justice N Senthilkumar said held that the materials placed on record demonstrated a prima facie case for protection of the composer’s personality rights pending trial.

"The plaintiff claims has demonstrated before this Court through his plaint and the typeset papers that his personality rights has to be protected with regard to his name and image, photographs, comical or animated image… or any other attribute which is identifiable with him… without the previous consent and or authorization,” the Court ordered.

Senior Advocate S Prabhakaran, appearing for Ilaiyaraaja, submitted that the composer was not contesting the public’s ability to listen to or enjoy his songs. Rather, the grievance was that numerous online platforms were commercially exploiting his identity by pairing his music with unauthorised photographs, AI-fabricated visuals, reels, memes and morphed images.

His counsel argued that several YouTube channels and social-media accounts were using Ilaiyaraaja’s likeness to create false associations, fabricated endorsements and misleading impressions, often through AI-generated videos and altered images that distorted his appearance.

These depictions, he said, ranged from comical edits to “deepfake-style” visuals and meme-based formats designed to draw viewership and advertising revenue.

It was also submitted that certain channels were circulating content that suggested Ilaiyaraaja was participating in or endorsing online communities, fan pages or commentary channels, when in fact no such authorization had ever been granted.

Screenshots included in the typeset reportedly showed instances where the composer’s photographs were placed in manipulated visual settings or edited into non-contextual material, creating an impression that he was involved in the content’s creation.

The counsel emphasised that while the composer did not object to his songs being played on legitimate platforms, the moment his image or likeness was used to increase commercial traction, it amounted to a violation of his personality and publicity rights.

On hearing the Senior Counsel, the Court relied on earlier decisions of the Delhi High Court which recognised that a celebrity has an exclusive right to decide how and when their identity may be commercially used. Those rulings make it clear that if a person’s name or likeness is used for promotional or revenue-generating activity without consent, the law treats it as an unauthorised appropriation of their identity.

The Bench also drew support from a more recent Delhi High Court order that dealt specifically with AI-driven impersonation. That decision held that the unauthorised creation and circulation of deepfakes, morphed visuals and other AI-generated fabrications—especially when turned into reels or videos that mislead viewers—amounts to a violation of the individual’s personality rights.

Additionally, the Court referred to its own precedent in Shivaji Rao Gaekwad v Varsha Productions, which affirmed that personality rights include a wide spectrum of identifiable attributes associated with a public figure, such as their name, image, photographs and even stylised or animated versions of their likeness.

On that basis, the Bench concluded that Ilaiyaraaja had demonstrated sufficient grounds for interim protection. It therefore granted an injunction restraining unauthorised use of his personality attributes and directed that notice be issued to all respondents, with their replies due by December 19. The matter will proceed after the respondents file their counter affidavits.