The Right of Celebrities Over Their Personality: Legal protection Through Intellectual Property Rights.

Pradip Kumar Das; Sanjeet Kumar Singh

The Right of Celebrities Over Their Personality: Legal protection Through Intellectual Property Rights.

Author(s)	Prof. Dr. Pradip Kumar Das, Mr. Sanjeet Kumar Singh
Country	India
Abstract	“Every individual should have a right to be able to exercise control over his/her own life and image as portrayed to the world and to control the commercial use of his/her identity.” ………………………… Justice K.S. Puttaswamy (Retd.) v. Union of India. In today’s media-centric society, celebrities are constantly in the spotlight and admired for their talents, lifestyles, and public personas. Their identity includes distinct traits like their image, voice, signature, and style, all of which carry both personal and commercial value. These elements are protected by a set of rights: personality rights, privacy rights, and publicity rights. However, with the rise of digital platforms and evolving media, these rights are often misused, leading to exploitation and unfair gains for others at the cost of the celebrity’s dignity and hard work. In India, celebrity rights are still an emerging legal concept, with no dedicated legislation in place. This paper explores how intellectual property laws, especially trademark and copyright laws, can be used more effectively to protect these rights. It examines key judicial decisions by the Indian courts and points out the gaps in the current legal framework. To provide a broader perspective, this paper compares the Indian approach with practices in countries such as the United States, the United Kingdom, and various parts of Europe, where celebrity rights are more clearly defined and effectively enforced. By examining these models, the paper proposes ways in which India can strengthen its legal framework, including through statutory recognition of celebrity rights and the implementation of legal reforms. Ultimately, this paper argues that celebrity rights should be recognized as a form of intellectual property. As celebrities’ reputations are increasingly tied to their digital presence, it is essential to protect their identities from misuse. This requires clearer legal provisions, stronger enforcement, and alignment with international standards.
Keywords	Celebrity rights, Copyright law, Right to privacy, Right to publicity, unauthorized use, passing off and Trademarks
Published In	Volume 7, Issue 4, July-August 2025
Published On	2025-08-10

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The Right of Celebrities Over Their Personality: Legal protection Through Intellectual Property Rights.

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