Copyright Law And Deepfakes: Need For A Sui- Generis Law?
- IJLLR Journal
- 2 hours ago
- 1 min read
Poorva Singhal, National Law University, Delhi
ABSTRACT
This article examines whether India’s existing Copyright Act, 1957, and ancillary remedies can meaningfully address the harms posed by photorealistic visual deepfakes, or whether a narrowly tailored sui generis personality right is required. Motivated by the recent spate of celebrity litigation and the use of deepfakes in election-period misinformation, the paper uses doctrinal analysis of statutory text and case law (including the Sehgal–Rewal split), alongside comparative study of Denmark’s recent amendment, to map the gaps in India’s current regime. The paper shows that moral-rights protection under Section 57, performer protections under Section 38, privacy and passing-off torts, and IT Act provisions are each useful but fragmentary: they fail to capture wholly synthetic imitations, hinge on fact-sensitive showings (reputation, commercial confusion, authorship), and suffer from doctrinal uncertainty and slow, costly enforcement. Denmark’s IP-style approach offers clearer substantive coverage, streamlined takedown and damages remedies, and broader access to relief, but risks commodifying personhood if transplanted wholesale. The paper therefore proposes a calibrated Indian design: a statutory definition limited to non-consensual, highly realistic imitations; universal standing for takedown and compensation; strengthened intermediary duties; and built-in safeguards for satire, journalism, free expression, and the inalienability of core personality rights. The reform would reduce litigation costs, improve enforceability, and better protect dignity without unduly restricting speech.
