When Identity Becomes Property: Understanding Personality Rights

Introduction: In India, people have long been influenced by celebrities, ranging from copying their dressing styles to emulating their mannerisms and speech. In such a landscape, a celebrity's demeanour, iconic dialogues and other distinctive attributes often become the subject of merchandising, parody and other forms of creative or commercial use. While some of these uses fall within legitimate artistic expression, others amount to unauthorised commercial exploitation.

With the rise of social media, e-commerce and emerging technologies, the commercial value of celebrity persona has increased significantly, leading to a surge in disputes relating to the misuse of names, images and other identifiable traits. In the absence of a specific statutory framework, Indian courts have developed the concept of personality rights through constitutional principles, passing off and trademark jurisprudence, while attempting to strike a balance between individual rights