Character Merchandising: Balancing Creators' Legitimate Interests With Performers' Personality Rights

Naureen Zehra, KPMSOL, NMIMS

INTRODUCTION

The purpose of this article is to analyze the scope and protection of personality rights in India, particularly in light of the recent Delhi High Court judgment in Jackie Shroff’s case. It delves into the rights of artists and creators who use the names and attributes of celebrities in creative ways for economic gain. The article highlights the dynamic relationship between freedom of expression of creators and the right to privacy of celebrities. The core focus navigates the complex terrain of personality rights, examining who qualifies for protection under personality and publicity rights. It also explores instances where the legitimate interests of creators and artists serve as exceptions to the performer's right to privacy.

CHARACTER MERCHANDISING

Generally, the term "character" encompasses both fictional humans and non-humans as well as real people such as famous individuals in the film or music industries, and athletes. In the realm of character merchandising, the primary focus is on the distinctive personality traits that are easily identifiable by the public1. These traits include, for example, the character's name, image, appearance, or voice, and any symbols that facilitate the recognition of these characters.