Shrishti Bajaj, Jindal Global Law School, Sonipat, Haryana
ABSTRACT
Due to the rise of different types of mass media and excessive activism, as well as the growing prevalence of advertisements, celebrities frequently experience the violation of their privacy and the unauthorized use of their names. Celebrities have rights related to their privacy, and personal identity, and a distinct right to control the commercial use of their likeness. However, India has been considerably slow in recognizing the rights of celebrities, despite the presence of numerous celebrities whose names and images are frequently misused. While trademark and copyright laws offer some level of protection for celebrity rights, they have limitations when it comes to safeguarding publicity rights comprehensively. This article aims to shed light on the various rights that celebrities possess and explore the legal avenues to protect those rights. It examines the trademark, and copyright laws, as well as their deficiencies in addressing publicity rights adequately. Additionally, the paper emphasizes the emerging judicial approach toward considering publicity rights in India.
Keywords: Publicity rights, Celebrities, privacy, IPR
