Can Amitabh Bachchan take legal action against his voice impersonations on radio?
Will the real Amitabh Bachchan please stand up? It's not Eminem asking, but India's ad audience. Eveready, Cadbury's, Parker, Pepsi -- everyone knows he endorses these brands, among many others.
But a cement brand mouthing lines from
Deewar on radio? A real-estate developer offering
kalpana se bhi zyada adbhuth vishwas (from
Aankhen)?
No doubt, Bachchan's voice is distinctive, and some of his cinema lines are etched deep in the psyche of the Indian cinema-goer. He draws attention.
The only little problem is that much of what you hear on radio is not really his voice. It's an impersonation.
The operating assumption seems to be that Bachchan's famous character roles are now public property, free for use in advertising.
But this is about his voice. And if his voice is intellectual property, its ownership ought to rest with him. So shouldn't he sue these impersonator brands for infringement?
Legally speaking, yes he can. Vivek Tankha, senior advocate, Supreme Court, says that it is the equivalent to using his picture without consent.
"After all, it is his property -- and if they are using his voice impersonations for commercial reasons without his permission, then yes he can sue them."
The actor can sue for damages -- with a claim based on the