Publicity Rights In India: Need For Post-Mortem Recognition

Right to Publicity relates to the right to control one's identity and ensure protection against any unauthorised use. These rights have been traditionally associated and have been regarded as a facet of right to privacy of an individual. However, lately, these rights have assumed significance in matters pertaining to intellectual property ("IP"). This is because public personalities have a commercial interest involved and resort to these rights to prevent against any unauthorised use of their names, personality, etc. Though the right of an individual to protect against any unauthorised use of his/her identity is recognised and protected during the lifetime of the individual, the aspect of validity of such rights post death of the person is still a nascent issue, particularly in India. This article seeks to analyse the current position on the post-mortem recognition of publicity rights in India along with certain suggestions to improve the position.