Artificial Intelligence and Legal Personality

It comes as no surprise that with the state and age at which Artificial Intelligence is functioning a legal status must be accorded to it. Steps have been ensued in the following direction by various countries specially that from Saudi Arabia which has endowed citizenship to ‘Sophia’ a humanoid, on similar line various developments have been made in regards to it by the Japanese Government as well.

However in India, the legislation has fallen short of the technological development. This has been a problem not only peculiar to India but several other countries as well. The urgency now that has become quite superficial is how important it is to bestow a legal status to AI, especially in this age of ‘Big Data’

The arguments mentioned down below shed some light on the idea why AI must be given legal status; or rather this cause has become completely non-negotiable.

Autonomous Character

After the algorithm for AI has been set, it becomes completely self-sufficient to make decisions of its own, not much external impetus is required with the decision making aspect of Artificial Intelligence. Therefore all the attributes pertaining to the autonomous character reflect on the very fact which is of utmost essence is the conferring of legal status to AI

Symbolic Intellectual

Adding to the point discussed above briefly, is the fact that Artificial Intelligence is a ‘Symbolic Intellectual’ even though it lacks a body and soul of its own, but still it can work and think like any other human. In 1970 Marvin Minsky told Life Magazine, “from three to eight years we will have a machine with the general intelligence of an average human being.”[1]

The skepticism surrounding AI doesn’t end here; in fact it leaves room even for many other questions. If somehow we decide the liability, then other questions that automatically propels itself to the surface which includes the questions of Jurisdiction and Compensation.

 Also the important issue is which liability is to imposed be it joint, strict or Vicarious. Therefore the only thing that we can conclude is that, there are more questions than there are answers.

BY

AVANTIKA SHUKLA

BA-LLB 3th Year

BVDU NEW LAW COLLEGE, PUNE


[1] sitn.hms.harvard.edu/flash/2017/history-artificial-intelligence/

Fashion Modelling and Human Rights

            No other industry requires its employees to pose in extreme temperature conditions and locations wearing uncomfortable apparels for that one perfect shot. Strenuous working hours, unnecessary strict diet, drug abuse, sexual abuse are only few issues faced by the models. The flurry of ambiguous regulations and legislations only add to the plight of the models. In such exacerbating circumstances and lack of laws and guidelines, is the modelling industry as glamorous and appealing inside as it is on the outside?

            A model is perceived to look flawless with the high-end designer dresses, on point makeup but no one really peeps deep into issues and problems these models deal with to achieve their dreams. The fashion modelling industry has become a centre for human rights abuse and allegations, where fashion models are deprived of their basic human rights and dignity. Most fashion models are considered as mannequins or clotheshorse and modelling is often considered as an easy task- just an extension of dressing up, walking through the ramp, and posing for pictures. People often turn a blind eye to the toil and turmoil faced by these models.

            Models work under constant pressure, in some sort of institutionalized dictatorship while dealing with harassment, hunger, depression and low standards of living. Often, models eat tissue and cotton balls to do away with their hunger, face discrimination based on colour and race, harassed sexually, drug and alcohol abuse, invasive backstage and non-consented photographs used for pornography, human trafficking and many more. The issues are also extended to the standard of leaving – the apartments in which these models stay are no less than prison where models are drugged without consent and raped on camera.

            When models become vocal about their needs, they face ignorance and avoidance or even lose their job. These issues and plight of models evoke basic human rights like right to physical and psychological integrity, right to health, right against discrimination, right against human exploitation, right to life and liberty, no torture and inhuman treatment. The ratification of these rights are important for the personality development of models but are usually ignored by the modelling agencies. Even when the national legislations are applied to models, the main point of concern is only the weight and age of models.

Countries like France and Israel restrict working of models below the BMI of 18 and 18.5 respectively while Italy, Spain, and Denmark limits access of work of underage models and BMI below 18.5. The justification for imposing limitations on BMI is that the fashion industry must display healthy bodies. But its pertinent to note that a model may be healthy irrespective of the fact that her BMI is lower than the imposed restriction or she has a plus size body. Thus, the mental and physical wellbeing the model must be considered, by implementing routine medical check-up of the models, rather than considering the size or age or BMI.

Other national legislations like labour laws do provide dispositions to protect models but cannot track or prove all types of abuses like sexual or moral abuse. Thus along with these laws and guidelines, creation of non-profit organization like Model Alliance is necessary to give voice to models and protect models against opaque accounting practices of modelling agencies, protect image and privacy of models, protect against abuse and degrading living conditions.

PERSONALITY RIGHTS AND THE IPR REGIME

Personality rights being an abstract topic in itself make the task of defining its legal boundaries even more challenging. However a rough definition of the same would be that ‘Personality rights means a right of person related to his or her personality. They can be protected under right to privacy or as a property of a person. This is important to mostly celebrities because people use a celebrity name or a photograph to advertise their trade and this usage influences their sales’[1].  Considering the nascent stage at which India stands currently makes this unexplored area even more testing and stimulating. 

Therefore in this article, the author attempts to put some light on the workings of the current regime in terms of personality rights, secondly the instrumentalities of the same on an International Platform. Lastly, examining the room for improvement yet left under this domain.

  • An Indian Perspective

It would not be wrong to point out that personality rights have been majorly and largely for a fair share of time been associated with the fields of sports, more so for the right reasons. It is for this reason that the intersection of personality rights and IPR came into the public eye up till recently, when famous sports personalities like Kapil Dev, Sachin Tendulkar have protected their image rights and personality rights by trademarking their names and the domain names of their websites.

This also brings us to the famous case law of  CC Development (International) v Arvee Enterprises, where the Indian courts have read the right to publicity into articles 19 and 21 of the Indian constitution by calling it an inherent part of the right to privacy, an established constitutional right. [2]These rights have also been given the status of IP rights which means they continue to exist even after the death of the holder of these rights.

  • An International Perspective

In the International Arena as well, organizations have garnered heavy profits by drawing upon the player’s rights. In September 2013, Real Madrid bought Welsh footballer Gareth Bale for a world record transfer fee of £85.3 million (US$105.3 million). Bale in return assigned 50% of his image rights to Real Madrid, which eventually helped the club to recover the massive investment by using his image rights for the sale of merchandise and other product endorsements.[3]

Thereby it is fit to say that Personality rights and IP regime are uncharted territories with a substantial scope of improvement after the amalgamation of both the Personality rights and IPR in terms of their legal structures and questions to linger on what could be the aftermath after the by-product of these two regimes is institutionalized.

BY

AVANTIKA SHUKLA

BA-LLB 3th Year

BVDU NEW LAW COLLEGE, PUNE


[1] https://www.mondaq.com/india/trademark/677226/personality-rights-in-indian-scenario

[2] https://law.asia/celebrities-just-what-are-their-personality-rights/

[3] https://law.asia/celebrities-just-what-are-their-personality-rights/