An age of extraordinary imagination and ease has been brought about by the development of artificial intelligence (AI). Artificial intelligence (AI)-generated material is pushing the limits of what we previously believed possible, from startlingly accurate art to remarkably lifelike synthetic media. But in the middle of this technical miracle, there’s a dark side: deepfakes are becoming more and more common. This artificial intelligence (AI)-manipulated, incredibly lifelike films and audio files pose a serious danger to the distinction between fact and fiction, hence challenging judicial systems globally, including those in India.

Deepfakes are videos that look real but are completely fake. They are created by manipulating or replacing original information with new content using sophisticated machine learning algorithms. Unauthorised use of copyrighted content, including audio recordings, movie sequences, and even face pictures, is the main source of worry when it comes to copyright law.

The Looming Shadows of Copyright Infringement

Copyright laws may be infringed by deepfakes, which is one of the most pressing problems. The Copyright Act of 1957 in India gives authors and artists the sole authority to create unique works, including plays, films, books, and artwork. Since digital forms are also covered by this protection, deepfakes that exploit copyrighted materials without authorization may be deemed to violate intellectual property rights.

The Exemption of “Fair Use”

It is not always easy to navigate copyright in the context of deepfakes, though. The Act permits “fair use” of copyrighted content in specific situations, such news reporting, commentary, and criticism. Even if deepfakes with copyrighted parts are made for parody or satire, they can still fall under this exemption.

Beyond Copyright: A Broader Spectrum of Concerns

While copyright infringement is a significant concern, it’s only one piece of the puzzle. Deepfakes pose threats to various other legal and ethical considerations:

• Privacy and Defamation: Deepfakes may be used to create comments or scenarios that are compromising, which might result in litigation for defamation and privacy infringement. Consider a deepfake video that shows a politician saying offensive things that harm their reputation and could spark societal unrest.
• Misleading information and chaos: Deepfakes are effective instruments for disseminating false information, particularly before elections or in emergency situations. The public’s perception might be influenced and democratic processes undermined by a deepfake film that appears to depict a political leader making false promises.
• Identity Theft and Fraud: Deepfakes may be used for fraud and impersonation, including tricking financial organisations or gaining access to data that is banned. An individual’s voice deepfake might be used to approve illicit transactions or get private information.

There is no law or legislation that addresses deepfakes in India either explicitly or directly. But in order to address the crime of misusing or abusing deepfake technology, there are a number of existing causes of action in our present laws that could be relevant or might be expanded to be relevant.

Deepfake videos are often altered or artificial recordings of the audio or visual elements from films or TV shows that may contain content that is protected by copyright. The copyright owner of a cinematograph film and sound recording has the exclusive right to make copies of the film, including photographs of any images that form part of it, or to licence others to make sound recordings that embody it, according to Section 14 of the Copyright Act, 1957.

Additionally, the moral right of author in his work was recognised by the Delhi High Court in Amarnath Sehegal v. Union of India 117 (2005) DLT 717, the author is entitled to damages for violation of his moral right in relation to any distortion, mutilation, or other change in his work that would be detrimental to his honour or reputation, as per Section 57 of The Copyright Act, 1957.

According to Section 55 of The Copyright Act, 1957, the owner of the copyright is subject to civil remedies for infringement of rights, including accounting, damages, injunctions, and other remedies that may be granted by law. Furthermore, in accordance with Section 63 of The Copyright Act, 1957, any individual who intentionally violates or assists in the violation of copyright in a work or any other right granted by the Act faces a maximum sentence of three years in jail and a maximum fine of two lakh rupees.

However, in situations where the individual being targeted by the deepfake may not be in possession of copyright, the copyright remedy might not be the appropriate course of action. According to Section 2(d)(v) of The Copyright Act, 1857, producers of cinematographic films hold the copyright, not artists. Similarly, under section 2(d)(iv) of the law, the cinematographer, not the subject of the picture, may possess copyright on the image.  For this reason, the target may not be able to pursue the remedy for copyright infringement.