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ARTICLE · 12 JULY 2019

Personality Rights Law In India

With great popularity comes its own set of rights commonly known as personality rights.

IndiaMedia, Telecoms, IT, Entertainment
Krusha Maheshwari
Krusha Maheshwari

Introduction

With great popularity comes its own set of rights commonly known as personality rights. Personality rights are typically associated with people who have acquired status of being a celebrity and further seeks to prevent unauthorised use of the name, image, likeness, or some other identifying aspect of identity of a famous personality and including their right to privacy.

Personality rights in India are protected under common law as well as under Article 21 of the Indian Constitution. Celebrities in India can invoke common law right to prevent unauthorised use of their image or personality by any other person. If any person without permission of a celebrity tries to give an impression that his brand or product has been associated or endorsed by that celebrity, he could be sued for the tort of passing off by the celebrity. Additionally, Article 21 of the Indian Constitution provides for right to privacy and publicity which has been an effective piece of

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