PERSONALITY RIGHTS IN INDIA
Personality rights are a unique set of rights that relate to an individual’s personality. Most frequently asserted by celebrities, personality rights can be used to denote the rights that celebrities have over their image, voice, signature, sobriquet, goodwill, reputation and other aspects or attributes connected with their identity. Since personality rights are more commonly accrued to celebrities, they are also known as celebrity rights. They are based on the Lockean theory that “everybody is entitled to the fruits of their labour and also to prevent those from reaping without sewing.”
Defining ‘Celebrity’
The word celebrity is derived from the Latin term celeber which means ‘frequented or honoured.’ In common parlance, the term celebrity can be used to refer to a person who is perceived by the public to be someone so prominent and worthy of stardom owing to the popularity that such a person has amassed over years. In Martin Luther King Jr Center for Social Change v. American Heritage Products Inc, 694 F.2d 674 (11th Cir 1983), the term celebrity was interpreted in a broader sense to include movie stars, TV personalities, authors, artists, models, sportsmen, politicians, musicians, singers, reality stars, well-known business executives, etc. In other words, a person who holds the curiosity of the public and the attention of the media is termed as a celebrity.
Position of Personality Rights in India
Although personality rights are not codified in a separate legislation, some of its aspects can be found to be contained in the Indian Constitution and the Copyright Act, 1957. Owing to absence of separate statute, it often becomes difficult to assert personality rights. However, due to judicial activism, various precedents have been established over the years supporting the enforcement of such rights in the country. One of the most instrumental judgments given in respect of personality rights is the ICC Development (International) Ltd. v. Arvee Enterprises & Anr, 2003 (26) PTC 245 where the Delhi High Court perceived personality rights to be similar to property rights and which are afforded protection under Article 21 of the Constitution.
Personality rights is said to embody two broad limbs, namely right of publicity and right of privacy.
- Right of Publicity
The term ‘Right of publicity’ was first used in the judgment of Haelan Laboratories Inc. v. Topps Chewing Gum Inc. 202 F 2d 866 (2nd Cir 1953). In simple terms, right of publicity refers to the right of an individual to control and prevent the unauthorized use by a third party of his name, image, voice, signature, and other distinctive attributes that relate to his personality.
- Right of Privacy
The doctrine of privacy has played a pivotal role in shaping personality rights that we know of today. It denotes the right of a person to be left alone and is intended to prevent intrusion into the lives and private affairs of an individual.
Important Case Laws on Personality Rights
Titan Industries Ltd v. M/S Ramkumar Jewellers, CS (OS) No. 2662/2011
In this case, Tanishq – a jewellery brand owned by Titan Industries, had entered into an agreement with Bollywood stars Amitabh Bachchan and Jaya Bachchan, to promote and endorse their jewellery. During Diwali, an advertisement featuring the star couple was launched as a result of which demand for the jewellery had gone up in the market. The defendant M/S Ramkumar Jewellers, without permission, put up the same hoardings all over the city of Muzaffarnagar in Uttar Pradesh, depicting the star couple as the endorsers of the defendant’s jewellery. Delhi High Court granted permanent injunction against the defendant for unauthorised use of the hoardings.
Mr. Shivaji Rao Gaikwad (aka Rajinikanth) v. M/s. Varsha Productions, 2015 (62) PTC 351 (Madras)
In this case, superstar Rajnikanth brought a suit against the defendant production company for copying his walking and dialogue delivery style in their upcoming film ‘Main Hoon Rajnikanth.’ It was also claimed by the superstar that the film had some immoral visuals which had the potential of tainting his reputation among the masses. Taking cognizance of the matter, the High Court of Madras passed an interim injunction against the release of the film. It was observed by the Court that infringement of personality right does not require any proof of falsity, confusion or deception, especially when the celebrity is identifiable. If the celebrity is identifiable by the public by the use of his name, he can file an injunction.
In a nutshell, personality rights are nothing but a set of rights that accrue to a person on account of reputation in society. They are usually availed by a person who has achieved a celebrity status among the general masses. More often than not, the public is very curious about celebrity lives and tend to intrude into their private affairs without any regard to their privacy whatsoever. For this reason, celebrities are given the right to control their personal information since the disclosure of the same may put them in a compromising and embarrassing situation, therefore becoming the subject-matter of ridicule. By virtue of assignment of personality rights, it now becomes possible for celebrities to control and prevent third parties from unauthorized use of any attributes that are connected to their personality.