Subject: GS-02:  Polity and Governance 

Context: The Delhi High Court recently granted requests to protect personality rights from potential misuse by third parties.

About Personality Rights:

• The name, voice, signature, images or any other feature easily identified by the public are markers of a celebrity’s personality and are referred loosely as “personality rights.” hese could include a pose, a mannerism or any aspect of their personality.
  • Many celebrities even register some aspects as a trademark to use them commercially. For example, Usain Bolt’s “bolting” or lightning pose is a registered trademark.
• The idea is that only the owner or creator of these distinct features has the right to derive any commercial benefit from it.
• Exclusivity is a big factor in attracting commercial dividends for celebrities. So unauthorized use causes a tangible loss of revenue.
• Celebrities can move the Court and seek a prohibitory order when an unauthorized third party uses their personality rights for commercial purposes.

Are personality rights different from publicity rights?

• Personality rights are different from publicity rights.Personality rights consist of two types of rights:
  • The right of publicity: The right to keep one’s image and likeness from being commercially exploited without permission or contractual compensation, which is similar (but not identical) to the use of a trademark.
  • The right to privacy: The right to not have one’s personality represented publicly without permission.
• Publicity rights are governed by statutes like the Trade marks Act 1999 and the Copyright Act 1957.

How does the law protect personality rights?

• Personality rights or their protection are not expressly mentioned in a statute in India but are traced to fall under the right to privacy and the right to property.
• Many concepts in intellectual property rights used in protection of trademarks such as passing off, deception can be applied while deciding whether a celebrity deserves to be protected through an injunction.
• Ex-parte injunction: Under this, relief is granted to a party without hearing the other side.

• An omnibus injunction refers to an injunction granted against any unauthorized use- even those that are not mentioned in the plea.

News Source: Indian Express