Films & Television Series +
IP & Technology Series
Series 1 | Article 1
It's reasonable to suggest that the fame, popularity and relevance of Amitabh Bachan is so far unmatched by any other actor or actress in the Indian film industry. With his considerable goodwill with the Indian masses and diaspora, even his individual features; such as his grey beard and his deep voice, have become well-known and uniquely associated with him. Any movie made on his life or commercialisation of his likeness, name, image, or overall personality has significant monetary value. But, how do he and other personalities commercialise their name and likeness while at the same time protecting the manner in which their personal features or life story is commercialised?
The answer to this falls under the area of intellectual property law that provides protection for that IP known as “personality rights”.
An Introduction to Personality Rights
Personality rights are often interchangeably used with “publicity rights” and “celebrity rights” i.e. rights available to famous personalities. However, personality rights are not limited to well-known personalities. The law specific and expressly dealing with personality rights in India, is not codified but has developed through legal precedents. This series of articles, attempts to provide an understanding on the nature of personality rights and the different laws and statutes under which a person's personality rights have been interpreted by the courts in India.
The term “Personality” in relation to an individual includes their name, personality traits, signature, voice, persona, indicia, information etc. Under Article 21 of the Indian Constitution, personality rights are considered within the realm or human rights. Every person is entitled to protection against the use, in any manner, of one’s personal story, name, features, traits, etc. The earliest reference to the concept of personality rights can be found in the case of R. Rajagopalan v. The State of Tamil Nadu [(1994) 6 SCC 632], in which, the the Supreme Court held, a person’s right to privacy is said to be violated when such person’s name or likeness is used, or his life story is written and published without his consent. The relevant part of the judgement is as follows:
“The first aspect of this right [right to privacy] must be said to have been violated where, for example, a person's name or likeness is used, without his consent, for advertising or non-advertising purposes or for that matter, his life story is written whether laudatory or otherwise and published without his consent…”
Therefore, personality rights for a part of right to privacy and as a part of the right to privacy, every person has a right against any unauthorised use of one’s personal information, name, image, likeness or any part of one’s personality, whether for commercial purposes or otherwise and any such unauthorised use will amount to violation of one’s fundamental rights under the Indian Constitution.
The other side to personality rights has to do with the use of one’s personality as a commodity or a property. With the rising influence of social media, a significant number of people have become “influencers”. Influencers, as the term suggests, influence people’s choices. They monetise their influence and clout by commoditising their name and style. Just hearing a specific name, the public in general instantly associates their name to the industry they exercise their influence over. Therefore, for each of these individuals, any association of their name, face or image to a brand in that or a related industry attracts a significant commercial value. When one’s personality is treated as a commodity or a property, personality rights find their place under the law of copyrights and trademarks. These laws help in protecting one’s personality when used or exploited as a property.
In the following articles, I will be dealing with the different uses and exploitation of personality as a marketable commodity and the protection granted to them under the trade mark law, copyright law, and contract law.
About the Author
Shivani Talati has been with MZD Legal Consultancy and practicing law since 2021. Shivani is a part of the Films & Television and Intellectual Property teams at MZD Legal Consultancy. She can be contacted at shivani@mzdlegal.in
About MZD Legal Consultancy
MZD Legal Consultancy is a boutique law firm in Mumbai, India. The firm was established in 2011 and comprises professionally qualified lawyers with varied levels of experience and expertise in specific practice areas. To know more, click here www.mzdlegal.in
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