What are personality rights under Indian law?

What is Personality Rights under Indian Law?

The Delhi High Court received a petition from Amitabh Bachchan regarding his moral rights, including the use of his name, image and voice. The court accepted Amitabh’s plea and ruled that no one is allowed to use the actor’s voice, image or moral rights.

Justice Navin Chawla noted in his decision that Amitabh was undeniably famous and frequently appeared in advertisements.

What is the law of personality?

Moral rights, also known as rights of publicity, allow an individual to limit the commercial use of their name, image, likeness or other unmistakably identifying information. According to jurisdictions, the validity of public rights may continue to some extent after the individual’s death because they are often considered property rights rather than personal rights.

Usually, a man or woman’s personality is involved. It has been determined that its privacy offers protection. These rights are extremely important to celebrities. Because people can and do use the names or influence of these celebrities for many reasons, including sales. The Personality Rights Act requires the names of famous people to be registered in this case.

Individual rights under Indian law

Article 21 of the Indian Constitution protects both the right to privacy and the right to publicity. Personal rights are governed by law. Intellectual property laws also give people the right to privacy.

Authors have been given equivalent rights under the Copyright Act 1957. There are also dancers, musicians, singers and actors.

How is the Law of Personality resolved?

The common law concepts of property, trespass and willful violation of law give rise to moral rights. Thus, although there are some jurisdictions in which some aspects of moral rights are statutory, in general moral rights are judge-made law. In some jurisdictions, the line between the right of publicity and the right of privacy is so blurred that the term right of publicity is often used. Would a large section of the public be led to believe (wrongly) that a commercial agreement had been reached between the plaintiff and the defendant whereby the plaintiff agreed to advertise in relation to image or reputation? of a famous person or not is the question that must be asked. was answered in a publicity rights lawsuit.

The suggestion that the plaintiff approved or licensed the defendant’s products or had some influence over them is necessary for the misrepresentation to be actionable. This is done through condoning torture.

According to reports, mobile app developers are accused of using Amitabh’s voice for lottery. Additionally, the KBC logo was used improperly. Amitabh has also appealed to book publishers, T-shirt sellers and other businessmen associated with KBC to refrain from using his name, voice, likeness etc. March next year will witness ​a new hearing on the case.

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Source: pagasa.edu.vn

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