NEWS

• Delhi High Court heard filmmaker Karan Johar’s suit seeking protection of his personality and publicity rights against disparaging online content.
• Earlier, Aishwarya Rai Bachchan and Abhishek Bachchan were granted similar protections.
• The issue highlights the growing importance of personality rights in India.

HIGHLIGHTS

What are Personality Rights?

• Subset of “celebrity rights” claimed by public figures.
• Cover name, voice, signature, image, likeness, poses, mannerisms, or any distinct public persona.
• Commercial aspect: Celebrities may trademark unique attributes.
  • Example: Usain Bolt’s lightning pose; Gareth Bale’s heart-hand sign.
• Aim: Prevent unauthorised commercial exploitation and preserve brand equity.

Judicial Perspective

• Jackie Shroff case (2024): Court restrained misuse of his image, voice, and likeness by e-commerce platforms and AI chatbots.
• Courts affirm that personality attributes under exclusive control form part of publicity rights.
• However, no explicit statutory definition exists in Indian law.
• Protection often linked to Right to Privacy (Article 21) and Property Rights.
• Principles like “passing off” and “deception” from Intellectual Property law are applied.

Right to Privacy Connection

• K.S. Puttaswamy v. Union of India (2017): Supreme Court held privacy as an intrinsic part of Article 21.
• Personality rights flow from privacy, ensuring dignity, control over identity, and protection from misuse.

Performer’s Rights

• Recognised under Copyright Act, 1957 (amended 2012).
• Section 38: Singers/performers hold rights for 50 years over recorded performances.
• Right to Receive Royalty (R3): Performers entitled to royalties even after signing rights to producers.
• Exceptions under Section 39: Private use, teaching, and research.