One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: A voice artist discovered that Infosys was using her recorded voice across multiple products far beyond the single project scope she had agreed to. Without any extra payment or consent, this was a clear breach of contract and violation of her performers’ rights. She obtained an injunction and damages after a focused legal strategy that leveraged both copyright and contract law.
Priya Sharma recorded voice samples in Pune for Infosys in early 2024, believing the audio would only be used for a single AI assistant module. The contract, a two‑page brief, specified “limited internal use for testing purposes.” By late 2024, she was startled. Her voice was narrating product demos, customer onboarding tutorials, and even an interactive voice‑response system released globally. No one had told her. No one had paid her extra. She had tried to resolve it herself. Emails and calls went unanswered, and a company representative simply said the voice had been “licensed perpetually.” That wasn’t what she signed. Frustrated and losing out on substantial licensing fees, she approached the Chamber of Advocate Sudhir Rao. The case seemed simple on paper, but the intersection of performers’ rights, moral rights, and contract interpretation demanded precise handling. Earlier efforts by a general practitioner had yielded no traction. Advocate Sudhir Rao and his office immediately focused on two pillars: copyright law and contractual breach. The contract’s limited scope was pivotal. They argued that use beyond “testing purposes” constituted infringement of the performer’s exclusive economic and moral rights under the Copyright Act, 1957. Faced with this dual‑pronged legal notice, Infosys took the matter seriously. The legal strategy secured a swift interim injunction from the Pune District Court, halting further unauthorised use, and paved the way for a settlement that included compensation and retrospective licensing payments.Key Facts of the Case
- Voice artist Priya Sharma recorded voice samples for Infosys in Pune under a contract dated 15 March 2024.
- The contract restricted usage to “limited internal use for testing purposes” and did not transfer full economic or moral rights.
- By October 2024, her voice was being used in global product demos, tutorials, and IVR systems without notice or extra payment.
- The client initially attempted direct resolution but was told the voice was “licensed perpetually.”
- The legal approach centred on breach of contract (Indian Contract Act, 1872) and infringement of performers’ rights (Copyright Act, 1957).
- A civil suit for permanent injunction and damages was filed before the District Court, Pune, along with an interim injunction application.
- Advocate Sudhir Rao’s domain‑specific expertise in media and IP law helped structure the notice and secure an early injunction.
The Direct Legal Answer
Can I get an injunction if a company uses my voice beyond what the contract says?
Yes. Performers have exclusive rights under Section 38A of the Copyright Act, 1957 to make the sound recording available to the public. Any use outside the written permission is infringement. Coupled with a breach of contract claim, courts readily grant temporary and permanent injunctions to stop unauthorised use.
Do I still have rights if the contract doesn’t mention future uses or payments?
A contract that is silent on extended commercial exploitation cannot be stretched to imply a blanket licence. And here’s the thing — moral rights under Section 38B protect the performer’s right to claim damages if the work is distorted or used in a manner prejudicial to her reputation. The absence of express terms about future payments actually strengthens the argument that no such consent was given.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Now, before you call your advocate, collect every scrap of evidence. Emails, the signed contract, any WhatsApp messages where usage was discussed, and screen recordings showing how your voice is being used. The strength of an interim injunction application often rests on the quality of these documents. Don’t delete anything that might show the original limited understanding.
Remember, an advocate who regularly handles media and IP matters can spot the difference between a mere contractual dispute and a copyright infringement that triggers stronger remedies. General practitioners may overlook the interplay of performers’ rights, and that can slow down relief.
Applicable Sections of Law
- Section 2(qq), Copyright Act, 1957 — defines “performer” to include a voice artist.
- Section 38A, Copyright Act, 1957 — grants performers the exclusive right to make the recording available to the public.
- Section 38B, Copyright Act, 1957 — provides moral rights to performers against distortion or use that harms reputation.
- Sections 73 and 74, Indian Contract Act, 1872 — compensation for breach of contract and liquidated damages.
- Sections 36 and 37, Specific Relief Act, 1963 — grant of preventive relief by temporary and perpetual injunction.
Limitation Period
The limitation clock starts ticking when the unauthorised use occurs. For breach of contract, you have three years from the date of breach under Article 55 of the Limitation Act, 1963. Copyright infringement claims are also governed by a three‑year period under Article 88, counted from the day of infringement. Missing this window can be fatal, though in continuing wrongs each new use refreshes the cause of action.
Interim Reliefs Available
Before the trial even begins, you can obtain a temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908. This order restrains the company from further using your voice until the case is decided. In high‑stakes copyright matters, the court may also grant an ex‑parte ad‑interim injunction, preserving the status quo. The existence of a strong prima facie case, balance of convenience, and irreparable injury are all argued convincingly through a well‑drafted plaint.
How Courts Typically Approach Such Cases
Indian courts treat performers’ rights with increasing seriousness. When a contract clearly limits usage, any overreach is seen as a breach of faith. The court will examine the exact language of the agreement — especially restrictive clauses — and compare it with the actual exploitation. If the mismatch is glaring, an injunction follows quickly. The defendant’s claim of “implied consent” rarely succeeds when the artist never received a proportional fee or was kept in the dark.
Timeline of Legal Process
- Legal notice: 2–4 weeks — the initial demand to cease use and pay compensation.
- Filing of civil suit and interim injunction application: within 1–2 weeks after notice fails.
- Ad‑interim hearing: often within days — if granted, it stops all use immediately.
- Written statement and reply: 4–8 weeks.
- Framing of issues and evidence: 4–6 months depending on the court’s docket.
- Final arguments and judgment: 6–12 months for a purely civil matter.
- Execution or settlement: parties often settle after an interim injunction is secured.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Absolutely. In fact, many voice‑rights disputes end in mediation or a negotiated settlement. Once a strong legal notice is sent, the company often realises the risk of a permanent injunction and reputational damage. A settlement agreement can include retrospective payments, a fixed future licensing fee, and clear usage boundaries. Section 89 of the CPC allows courts to refer civil cases to mediation. For performers, settlement avoids the uncertainty of litigation and preserves professional relationships.
Common Mistakes People Make
- Signing a vague contract that doesn’t restrict usage geography, duration, or purpose — this leaves enormous gaps that companies exploit.
- Delaying legal action while the voice is being used globally, which weakens the urgency argument for an interim injunction.
- Communicating directly with the company’s legal team without recording everything in writing, often resulting in statements that later hurt the case.
- Assuming that a simple contract breach doesn’t involve IP law, which misses the powerful performers’ rights remedies available.
- Engaging an advocate who does not regularly handle copyright and performers’ rights matters. Domain‑specific experience matters because the procedural strategy — especially around seizure of recordings and framing of the relief — differs substantially from a routine commercial dispute.
FAQs People Normally Have
What if the contract doesn’t mention my voice rights at all?
Then you retain all rights by default. The company cannot claim any licence beyond what was expressly granted. Your permission exists only for the specific purpose you were told about.
Can I claim damages even if I was paid a one‑time fee?
Yes. Damages are calculated on the loss of potential licensing income, not just the initial payment. Courts also award exemplary damages when the infringement is deliberate.
Is there any criminal liability for using someone’s voice without permission?
Copyright infringement can attract criminal penalties under Section 63 of the Copyright Act, but in voice‑over cases the civil route with an injunction is usually faster and more effective.
Do I need to register my voice recording to sue?
No. Copyright in a sound recording exists from the moment of fixation. For performers’ rights, no registration is required to file a suit.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India