As intellectual property law continues to evolve, it has given rise to various specialized areas within legal practice. One such emerging area is Celebrity Rights, also referred to as Publicity Rights or Personality Rights. In India, these rights do not yet have a dedicated statute and are currently enforced through a combination of existing legal frameworks such as the Trademark Act, 1999, and the Copyright Act, 1957. Additionally, the Right to Privacy, recognized as a fundamental right under the Indian Constitution, plays a significant role in safeguarding an individual’s identity.
Who is Considered a Celebrity?
Although Indian law does not provide a formal definition of the term “celebrity,” Section 2(qq) of the Copyright Act, 1957 defines a “performer” to include actors, singers, musicians, dancers, acrobats, and others who engage in performances. However, not all celebrities are performers, and their classification depends on the specific facts of each case. Section 38 of the Act grants performers exclusive rights over their performances, including rights of recording, broadcasting, and commercial distribution, which are protected for 50 years from the date of the performance. Additionally, Section 39 addresses the infringement of these rights.
Importance of Publicity Rights
Publicity rights are essential to protect an individual’s name, image, likeness, and identity from unauthorized commercial use. Celebrities, owing to their influence and public recognition, are often targets for exploitation under the guise of “public interest.” Media intrusion into their private lives has raised concerns, making publicity rights crucial for preserving personal privacy and autonomy. Moreover, these rights empower celebrities to commercially leverage their public persona, thereby contributing to economic growth and promoting investment in personal branding.
Trademark Law and Celebrity Rights
Trademarks serve as distinctive signs—such as logos, names, or phrases—that differentiate goods or services in the marketplace. Trademark law plays a role in protecting elements associated with celebrities, such as film titles, stage names, and unique brand elements. For example, in a recent case involving the film Jigra starring Alia Bhatt, Bhallaram Choudhary—who conducts online classes under the same name—claimed that the film title infringed upon his registered trademark. This highlights the growing intersection of trademark law and celebrity branding.
Copyright Law and Celebrity Rights
Copyright law safeguards original works across literature, music, film, drama, and sound recordings. It grants creators exclusive rights to control the use, distribution, performance, and reproduction of their works. Sections 2(qq), 38, and 39 of the Copyright Act, 1957 reinforce the rights of performers and protect against unauthorized use. A notable case in this context is Vinay Vats v. Fox Star Studios India Pvt. Ltd., where the plaintiff alleged that the film Lootcase bore substantial resemblance to his earlier script Tukkaa Fitt. The dispute illustrates how copyright law is instrumental in defending the creative expressions of individuals in the entertainment industry.
Conclusion
In the absence of a standalone statute, the right to publicity in India is protected through a patchwork of existing laws, including those related to privacy, copyright, and trademarks. As celebrity culture grows and media becomes increasingly invasive, it is imperative to establish clear and enforceable legal protections for personality rights. Recognizing and codifying publicity rights not only shields individuals from misuse of their identity but also encourages the commercial development of personal brands. In the long term, strengthening these rights will contribute to a more secure and innovation-friendly entertainment ecosystem in India.
Contributed by- Aastha Shrivastav (Intern)