Janak Sejpal, SVKM Pravin Gandhi College of Law
ABSTRACT
Personality rights protect the persona of a person against unauthorised commercial use, but most often overlap with copyright law where the creative expressions of individuals are concerned. This paper attempts to trace the inter-play between personality rights and copyright infringement in India against the legislative framework, judicial interpretations, and challenges of modern technology. Personality rights lack clear codification in Indian law, with precedent and interpretation largely being under the judicial umbrella. The study highlights the necessity for full legislation to balance these intersecting legal realms.
Introduction
Personality rights, sometimes referred to as the "right of publicity," are inherent rights to protect the persona of a person, his or her name, image, voice, or other distinctive characteristics. Copyright law, instead, assures the intellectual rights of authors over their literary, artistic, and other intellectual works. This trend is where the commercial use of a personality is interlinked with a copyrightable work, such as a movie advertisement or literary creation. In India, because there are no specific legislative provisions under which personality rights would exist, it has only been possible to refer to the principles of common law and judicial decisions.
The following paper discusses personality rights, overlapping them with copyright infringement and their treatment in Indian law. It also discusses key case laws and recommends a way to harmonise the two legal frameworks. To understanding Personality Rights in India, it needs to be encompass into two broad categories:
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