WHAT ARE CELEBRITY RIGHTS?

The term ‘celebrity’ is often seen as a mark of honor and success. While athletes, artists, and businesspeople earn it through talent or charisma, royals inherit it by birth or marriage. Others may gain fame unexpectedly through public or media attention.

When celebrities protect their personality rights, two key aspects arise:– the right to prevent unauthorized commercial use of their image (publicity rights under intellectual property law) and the right to privacy, shielding them from unwarranted intrusion.

PROTECTION OF CELEBRITY RIGHTS UNDER INTELLECTUAL PROPERTY (IP) LAW

Celebrity rights may be protected using trademark law and copyright law.

Trademarks

While the Trade Marks Act, 1999 (as amended) does not explicitly protect personality rights, it does assist celebrities in reclaiming control over their name, likeness, and image. A renowned Indian actor named Shah Rukh Khan, has applied to register the trademark ‘SRK’. Another famous Indian actor named Akshay Kumar, has registered the word “Khiladi” (as his identification) and as his trademark.

Further, in the case of Shivaji Rao Gaikwad (aka Rajinikanth) vs. Varsha Production 2015 (62) PTC 351 (Madras), the plea of the defendant that the plaintiff’s case should be dismissed on the grounds that “Personality Right” has no definition per se in any of the statutory laws of India – was rejected by the Court. It was held by the Court that “though there is no definition for the personality right under any statute in India, the Courts in India have recognized the personality right in the name, in various judgments.“. Accordingly, in the aforesaid case, an interim injunction was passed against the release of a film “Main Hoon Rajinikanth” by the defendant- Varsha Productions.

Copyright

In the case of Titan Industries Limited v. Ramkumar Jewellers, the court granted an interim injunction against the unauthorized use of a photograph featuring the celebrity couple Mr. Amitabh Bachchan and Mrs. Jaya Bachchan on a hoarding. Titan Industries, the plaintiff, had lawfully obtained the rights from the couple to use their image in advertisements for their brand, “Tanishq Jewellers,” across print and audio-visual media. However, the defendant, a jeweller operating under the name Competent Jeweller, used the same photograph without authorization to promote his own brand. The court held that the defendant neither sought permission from the celebrity couple nor was authorized by the plaintiff to use the image. Consequently, the defendant was found liable not only for copyright infringement but also for misappropriating the couple’s personality rights.

CONCLUSION

The struggle to strengthen personality rights in India goes beyond the courtroom— it’s about reclaiming control over our digital identities in an ever-evolving landscape. By closing legislative loopholes, balancing diverse interests, and keeping pace with technological advancements, India has the opportunity to lead in protecting its citizens’ online personas. This will help cultivate a dynamic and accountable digital environment that upholds both individual rights and freedom of expression.