Celebrity Woes: Locating the Publicity Rights in The Existing Laws
Celebrity Publicity Rights: An Overview
Publicity rights (also called right of publicity) refer to an individual’s right to control and profit from the commercial use of their identity—name, likeness, voice, signature, or other recognizable aspects.
For celebrities, these rights are critical as their persona has significant commercial value.
The Problem: Gaps in Existing Laws
1. Lack of Specific Statutory Protection
Unlike copyright or trademark laws, many jurisdictions (including India) do not have a dedicated statute protecting publicity rights.
Publicity rights often get tacked on under other intellectual property laws or torts like passing off, defamation, or right to privacy.
2. Tort of Passing Off
Celebrities often rely on the tort of passing off to prevent unauthorized commercial exploitation of their persona.
But passing off traditionally protects business goodwill and consumer confusion, which may not always fit well with individual personality rights.
3. Right to Privacy
Courts have recognized privacy as a fundamental right (e.g., Indian Supreme Court, Justice K.S. Puttaswamy judgment).
Yet, privacy protects against intrusion but does not explicitly cover commercial use of identity.
4. Trademark Law
Some celebrities register their names or images as trademarks.
However, trademark protection is limited to certain classes of goods/services and requires distinctiveness and use in commerce.
5. Copyright Law
Copyright protects original creative works but not the celebrity’s persona itself.
So, photos or videos of celebrities are protected as works, but the personality right isn’t.
Case Law & Judicial Trends
Indian courts have recognized the right of publicity in an evolving manner but without clear codification.
Cases like T. Rajendar v. Sony Music India and others hint at recognizing publicity rights but remain inconsistent.
Internationally (especially in the U.S.), publicity rights are well established with clear statutory laws in many states.
The Way Forward: Need for Legislative Recognition
Scholars and industry stakeholders argue for a specific Right of Publicity Act in India.
Such law should:
Recognize commercial rights in one’s persona.
Provide clear guidelines on consent, duration, scope, and remedies.
Balance interests of celebrities, media, and public.
Summary
| Aspect | Existing Status | Challenges |
|---|---|---|
| Right of Publicity | No explicit statutory recognition | Reliance on torts & IP laws |
| Passing Off | Used to protect against misuse | Limited scope for persona rights |
| Privacy | Fundamental right but limited scope | Does not cover commercial use |
| Trademark | Available for names/brands | Limited to commercial goods/services |
| Copyright | Protects creative content | Does not protect persona |
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