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ARTICLE · 26 SEPTEMBER 2025

"The Privacy Battle Behind Every Photograph"

Khurana & Khurana, Advocates and IP Attorneys
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The flash of a camera does not only capture a candid moment; it often captures a storm of legal and moral debates.

IndiaIntellectual Property

INTRODUCTION

The flash of a camera does not only capture a candid moment; it often captures a storm of legal and moral debates. In the developing social media era, the photographs of celebrities have become very common and this shape the public narratives and add on to the billion-dollar entertainment industry. However, the question that arises is "Who owns the copyright on such photographs?". Do celebrities have the right to control the commercial use of their persona or whether the photographer/paparazzies have the exclusive rights as the author of the photo?

Though the major debate revolves around the Copyright Law, it also includes the dilemma of the right to freedom of expression and right to privacy. While paparazzies often argue that the celebrity's photograph is the outcome of their creativity and being the author to it they shall have exclusive rights over it, the celebrities on the other hand argue that such photographs and their social use without

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