AI-Generated Voicing And Posthumous Rights: A Critical Analysis
- IJLLR Journal
- Jan 14
- 2 min read
Siva Raman K R, LL.M (Intellectual Property and Trade Law), Christ (Deemed To Be University), Bengaluru, Karnataka
ABSTRACT
Artificial Intelligence (AI) technologies, especially voice cloning, present unique challenges to India's frameworks governing personality rights, especially posthumous personality rights. Voice cloning creates a computer- generated replica of a person's voice, often using AI algorithms. Traditional protections aim to safeguard the identity and voice of individuals after death. However, the ability of AI to replicate a deceased individual's voice with high accuracy brings complex ethical and legal difficulties to the fore. This paper delves into the interplay between AI-generated voice cloning and posthumous personality rights within the Indian legal framework, underscoring the current legal system's shortcomings in managing the unauthorized use of cloned voices across media and digital domains. With the advent of voice cloning technologies, India's legal infrastructure, which does not explicitly safeguard posthumous voice rights, faces new challenges. This exploration looks into the ethical dimensions surrounding consent, ownership, and control over a deceased person's voice. This becomes particularly pertinent in a cultural context where the voices of iconic figures from cinema and politics are deeply ingrained. The analysis critically reviews existing laws about intellectual property, privacy, and personality rights, pinpointing the legislative voids that render deceased individuals susceptible to exploitation via AI technologies. The paper advocates for immediate law reforms in India to protect individuals' rights posthumously in the AI era. It suggests the formation of definitive legal frameworks and regulatory bodies tailored to address voice cloning intricacies, thereby preserving the dignity and legacy of the deceased. Through the lens of case studies, legal precedents, and international best practices, this discussion contributes toward shaping firm legal safeguards for posthumous personality rights in India, focusing on the ethical and legal challenges posed by AI- induced voice cloning. There is a need for a balanced approach that respects the memory and legacy of individuals while embracing technological advancements in a manner that is ethical, legal, and culturally informed.
Keywords: Artificial intelligence, voice cloning, post-humous rights, personality rights, right to privacy
