The Delhi High Court had recently passed an order restraining persons at large from infringing veteran actor Amitabh Bachchan's name, photo, voice or any of his characteristics.
Lawyer Ameet Naik, who was a part of the team that represented Big B, spoke to The Quint about the case, the challenges celebrities face when their names, photos or voices are used without consent and more.
What are the challenges that celebrities face when their identities are used without consent?
"The fundamental drawback is misuse. It's not about monetisation or licensing as much as it is about being defamatory. That's the biggest challenge that celebrities face - it's public opinion and whether they want to be associated with it or not. Consent is mandatory and celebrities need to protect their reputation and goodwill".
While passing the order the Court stated that Amitabh Bachchan can suffer 'irreparable loss and harm'. What kind of 'loss and harm' can public figures face in such cases?
"Innumerable losses. We had filed a case against eight known defendants, some of them based in Delhi, and the world at large. One was on a scam, one lottery, another the misuse of a photograph. Our complaint was based on fundamental causes of action. Everything can't be based on money. The loss of goodwill and reputation are far larger and greater".
Is Amitabh Bachchan the first Indian celebrity to have filed such a case?
"Rajinikanth had done it in relation to a film, but that was just for a title, where the title got changed. This case is a first-of-its-kind where a hybrid action is filed against the world at large to protect the attributes of my client, which are voice, image name".
What were some of the incidents relayed in court?
"Defendant number one, there was a fake video call. Defendant number two was Amitabh Bachchan being associated with some KBC advertisement where there were three photos - one of Bachchan, the others of a politician and industrialist - all being invited for a show, with names and telephone numbers. Third was a 'dot com' registered in the name of Big B. We collected all this evidence and filed the suit".
In case of a late celebrity, can their family file a similar petition?
"Yes. In fact, Sushant Singh Rajput's case is a reported case in the Delhi High Court, where his family had filed a plea against the misuse of his identity. Today, autobiographies will be written and films will be made, and celebrities and their families have the right to protect what they want to be portrayed".
How will this case affect those who mimic Amitabh Bachchan's voice for ads, TV and radio?
"This order is an absolute order. What it has permitted is fair reporting, like press and news reporting. As for mimicry artistes, go to Mr Bachchan and let him decide".
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