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This article has been written by Sumathi Vadlamudi, pursuing a Diploma in Intellectual Property, Media and Entertainment Laws from LawSikho.

Introduction

It is dead easy to recognise some voices just being heard because of the peculiarity, and uniqueness that is associated with such voices. First-person who comes to my mind when I think about a clear, angry tone is the south Indian film star Saikumar. From old movies, it is none other than Big B Amitabh Sir. Also, Dharmendra, Shatrughan Sinha, Mohammad Rafi, SRK, Sunny Deol, Hema Malini, Jayaprada, Sridevi among others are equally famous for their peculiar, uniquely sounding, captivating, canorous, beautiful and dulcet tone of their voices that adds much to their performance. 

In recent times, voice-over by famous celebrities for the movies of other stars is becoming another way used to create a hike about the movie that is going to be released. It is much more advantageous for the producer when it is done by the celebrities like Amitabh Bachchan, SRK, Salman Khan, south Indian stars like Venkatesh, Saikumar, Mahesh Babu, Jagapathi Babu, Nani etc. Each of these celebrities has their own style of narration, to brief the story that is going to be portrayed in the film, with the uniqueness of their voice.  

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The word Hindustan that sounds through the ethereal voice of Big B to give an intro about the movie Jodha Akbar, makes one feel and imagine the history that is going to be portrayed in the movie and creates interest to watch the movie till the end despite one is watching it not for the first time. That’s Big B. Yet another movie with the voice-over by Big B is The Ghazi Attack. However, many other movies like Lagaan, Parineeta, and Mumbai Se Aya Mera Dosth for his son Abhishek Bachchan etc… also starts with his canorous voice.

Not only that, the mimics often like to imitate his voice and mannerisms in their performances. Perhaps, he might be the most imitated star among the others over the years, both for commercial and non-commercial purposes. It is believed that one, who is an aspiring actor, cannot leave unattended a chance to try his voice and mannerisms. 

However, this is only one side of the story. 

The history behind the story

On another side, there exists the risk of unauthorised and unwanted use of celebrities’ voices, for commercial gain as happened exactly in an advertisement by a tobacco manufacturing company that imitates Big B’s voice.

As a response to this, the angry young man was so aggressive and said that it is not only unethical and wrong but also exposed him in a bad and undesirable way, especially when he doesn’t smoke or propagate smoking or use of any kind of intoxicants, on social media platforms. He has even announced that he has all set to get exclusive copyright as a move to protect himself from such unauthorised and disgusting uses of his voice and photographs. 

Meaning of the term ‘copyright’ and the works in which copyright subsist

So, now let’s take a look into the provisions of the Indian Copyright Act, 1957 (“Act”) with respect to the same.

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As per Section 14, copyright is an exclusive right to do or authorise someone to do, the following activities, with respect to the works as specified in Section 13 of the Act: 

In case of literary, dramatic or musical work not being a computer program, to:

  • Reproduce the work in any form including the storage on any medium through electronic or other means.
  • Issue copies of the work to the public.
  • Perform the work in public or communicate the work to the public.
  • Make any cinematographic film or sound recording with respect to the work.
  • Make any translation or adaptation of the work.

In the case of a cinematograph film, to:

  • To make a copy of the film, including photographs of any image therein or storing of the film on any electronic or other media.
  • To sell or give on rental any copy of the film.
  • To communicate the film to the public.

In case of sound recording:

  • To make any other sound recording embodying it.
  • To store the recording on any medium through electronic or other means.
  • To sell or give on commercial rental.
  • To communicate it to the public.

Section 13 of the Act gives the list of works in which copyright subsists. According to which, it can be said that the copyright subsists throughout India in:

  • Original literary, dramatic, musical and artistic;
  • Cinematograph films; and
  • Sound recordings.

From the above, it is clear that the voice per se cannot be something in which copyright subsists. The songs and movies are copyrightable so the voice in such works is protected to such extent that it forms part of it.

Similarly, the same cannot be protected under the Trademark Act and Patent Act also as the same cannot be a product or service or an invention for which protection can be sought under these legislations.

Personality rights

However, though the Act doesn’t allow extension of such protection to the voice of celebrities specifically, there are certain personality rights which are also called celebrity rights under which protection can be sought for the personal traits of the celebrity.  These rights recognise the reputation that the celebrity has earned over years and offers protection against its unauthorised use for commercial benefit. 

Section 38, 38A and 38B of the Act, deals with certain rights called Performers rights, Exclusive rights of the performers, and Moral rights of the performers.

So, any unauthorised use of protected personality features of a celebrity will be a punishable offence.

Hence, it can be interpreted as protected under the copyright law as the personality right of the celebrity. However, there was an argument against this which says that if copyright is obtained on personal traits of celebrities, imitating their voice, mannerisms and other personal traits will be illegal. Hence, protection of copyright must be restricted to any unauthorised use of photographs or imitation of voices or any other personal traits for that matter for a commercial gain and provide for damages against such use and defamation caused to the celebrity.

Personal traits and famous judgements

In the case of ICC (Development) International vs. Arvee Enterprises (2003), the Delhi High Court held that an individual is entitled to gain from publicity right inhered in his personal traits like his voice, mannerisms, name, signature etc. 

Not only in India but in other countries also, the personality rights of celebrities are protected under the respective legislations and there are incidents of exercising such rights to take legal action against those who infringe such rights for commercial gain. In fact, foreign legislations, especially the US, are more developed which could offer better protection and other benefits in case of infringement. 

Judgement by US court in case of famous commentator John Fernandez clearly held that when the voice of a person is taken from another copyrighted work to promote the other work, the public right of the person is said to be violated.

So, Big B sir was said to be right in taking legal recourse against imitation of his voice by a tobacco manufacturing company to promote its products in the public and using his photographs without his consent. Hence, got it copyrighted under the Act, and no one can now use them for any commercial purpose without his prior consent for the same.

Following him, many other celebrities got copyrights for their various personality traits like Sunny Deol has patented his voice and dialogue delivery style, Priyanka Chopra Jonas has copyrighted her smile, Rajini Kanth has copyrighted his voice etc.

Conclusion

Voice, mannerisms and other personal traits of celebrities, no doubt, are of much prominence given the reputation and popularity of the celebrities. Either imitation or unfair use of recorded audio, video content or photographs of the celebrities for commercial benefit by any person, without prior consent of the respective celebrity is not only an unethical and wrong thing to do but may also defame the celebrity if such unfair use portrays the celebrity in an unwanted way.  

However, the celebrities being the popular personalities in their respective fields, with so much public following and presence on many social media platforms like Instagram, Twitter is much prone to the risk of abuse of their photographs and other audio-video content both for commercial and non-commercial purposes. 

But the intellectual property related legislations that are in force don’t offer protection against these personality rights per se at least if not to the extent they are embedded in the cinematograph films, as these are not the works in which copyright can subsist as per the applicable provisions. However, these being the personality or publicity rights of famous people, can be protected under the related provisions of the Act in the form of the moral rights of the performers which are also called personality or celebrity rights.

So, such personality traits are allowed to be protected under the said provisions of the Copyright Act. In case if any of such personal traits like voice, mannerisms, name, signature etc are used by any other persons, for commercial benefit from such use, without the prior consent of the celebrity concerned, will lead to legal action against the person who does so.

References

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