What Are Personality Rights? The Law Must Not Overprotect Fame
Sakshi Kumari, B.A. LL.B. (Hons), NMIMS Hyderabad, School of Law
ABSTRACT
Personality rights sit at an interesting crossroad between intellectual property rights, privacy, commerce. They are not defined in any single statute but have gradually evolved through various court decisions overtime that recognize fame as something that can be protected. With the rise of the misuse of one’s persona through illegal merchandise, fraudulent endorsements, and even deepfake technology, there has been an increase in protection provided by courts through injunctions to unknown offenders. The increase should come with a warning that the personality rights should not be stretched so far as to override our right under Article 19(1)(a).
It is well-settled in India that parody, critique, satire, artistic work, and academia remain protected speech in the absence of any misleading representation, false endorsement, or commercial exploitation of an individual’s persona despite unauthorized use of his identity.
In this article, the core issue of personality rights in India is seen not in acknowledging the existence of such rights, but in defining their limits. There should be continued distinction drawn by the courts between cases of true commercial appropriation that have a negative impact on the person's economic interests and reputation, and instances where the personality is used for literary or artistic purposes, it plays an important role in the functioning of democracy also culture.
Keywords: Personality Rights, Right to Publicity, Article 19(1)(a), Article 21.
