Globalisation of the market has made it essential to protect a celebrity’s name. Amritesh Mishra considers how India is equipped to protect celebrity rights.
The right to publicity is the right of an individual to control the commercial use of his or her personal characteristics. Celebrities command great commercial value, hence, complainants in publicity rights cases are usually celebrities whose reputation and goodwill are exploited by others in order to sell their products or services.
A celebrity’s drawing power is of great commercial value and can add a significant amount of income to the fees and royalties that he or she receives in relation to his or her artistic or sports career. Understanding the different types of protection available and using them in a timely manner is important.
Publicity rights enable a celebrity to commercially exploit the goodwill associated with their persona as well as to protect against unauthorised exploitation of their goodwill and reputation by others. In India, the law relating to rights of publicity is in its nascent stage, with no precedents and codified law.
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India, trademarks, celebrity rights, copyright