Personality rights

• The Delhi High Court allowed Anil Kapoor’s pleas for protection of his personality rights from misuse by third parties.

ABOUT PERSONALITY RIGHTS

• The name, voice, signature, images or any other feature easily identified by the public are markers of a celebrity’s personality and are referred loosely as “personality rights.”
• These could include a pose, a mannerism or any aspect of their personality.
  • For example, Usain Bolt’s “bolting” or lightning pose is a registered trademark.
• Personality rights or their protection are not expressly mentioned in a statute in India but are traced to fall under the right to privacy and the right to property.
• The idea is that only the owner or creator of these distinct features has the right to derive any commercial benefit from it.
  • Exclusivity is a big factor in attracting commercial dividends for celebrities. So unauthorised use causes a tangible loss of revenue.
• Celebrities can move the Court and seek an injunction when an unauthorised third party uses their personality rights for commercial purposes.