Personality Rights

Current Context: The Delhi High Court issued an order upholding the personality rights and publicity rights of the founder of Isha Foundation, restraining unauthorized use of his name and image.

ABOUT Personality Rights

• Definition: The right of an individual to control and protect their name, image, likeness, and identity against unauthorized commercial or public use.
• Types of Personality Rights in India:
  1. Right to Publicity (Article 19(1)(a)) : Protects commercial exploitation of one’s identity and ensures any public use is with consent.
  2. Right to Privacy (Article 21) : Implicitly protects against intrusion, misuse of personal information, and unauthorized publicity.
• Legal Provisions:
  1. Trademark Act, 1999: Allows celebrities to register their names or images as well-known marks.

Copyright Act, 1957: Protects photographs, videos, and artistic representations of persons.