PERSONALITY RIGHTS AND CELEBRITY RIGHTS IN ADVERTISING AND BRANDING
Ishita Mittal, LL.M, 2nd Semester, Student at Department of Laws, Panjab University, Chandigarh (India)
Springing up as hot-burning legal trend in India, publicity or personality rights of celebrities are contributing to the development of Indian entertainment law, thereby arsing the requirement for legal scholars and academics to study the implications of these peculiar rights. The two-fold Personality rights mainly comprise: Right to privacy and Publicity rights. Publicity rights traced back to common law jurisdictions and arose in response to the presence and influence of the motion pictures industry. Primarily derived from the right of privacy, publicity rights in India have arisen as a sui generis regime due to the astonishing rate of unauthorized usage of the various aspects of the celebrity persona, including those of celebrated actors such as Amitabh Bachchan and Rajnikanth, whose appearance or likeness have been unduly exploited for commercial gains by advertisers and brands alike. Unfortunately, the current Indian intellectual property regime seems insufficiently equipped to deal with this issue and its consequences. Judicial decisions in this area have been sporadic, leading towards the need to develop more lucid statutory language for enforcing this right and possibly, a distinct regime of publicity rights. This paper seeks to examine the growth of personality rights of celebrities as an emerging specialized right in India. The paper is divided into three parts. Part I of the paper discusses the origin and evolution of personality rights through international cases and judicial decisions. Part II discusses and analysis Indian cases and judicial decisions that have enforced personality rights. Part III discusses other statutory provisions dealing with personality rights such as copyright, trademark and related legislations in India. This paper concludes with possible suggestions as a way forward through a comparative analysis of the experience in different jurisdictions, with the hope of finding a suitable solution to India’s unique legal, social and cultural scenario.
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| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 2053–2081. |
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