Personality Rights and Commercial Exploitation : Some Important Decisions

 Personality Rights and Commercial Exploitation

This short article explains some of the legal aspects associated with personality rights and their commercial exploitation. 

When a person is claiming violation of personality and / or publicity rights then in prima facie view, such person possesses when he is a highly credited and leading Indian director, producer, writer, filmmaker and television personality primarily working in the media and entertainment industry and is the recipient of several awards and accolades. It is a well settled position in law that persons have a right to property on their personality rights to exploit the same commercially. Various Courts in India have time and again upheld the right to publicity and personality right of persons.

The celebrities are entitled to protection of the facts of their personality such as inter alia their name against unauthorized commercial exploitation by third parties. In the case of a celebrity or a well known individual the personality rights and publicity rights are easier to identify and consequently clearer to enforce.

"Right of publicity protects individuals against the unauthorized use of their personality, which includes their name, image, voice, and other distinctive attributes. The court recognized that such unauthorized use can lead to unearned commercial gain for another party, thereby infringing on the individual’s personality rights." Principle emerging from Jaikishan Kakubai Saraf alias Jacike Shroff Vs. Peppy Store and Ors [2024] GCtR 3359 (Delhi)

"Using a person’s name, voice, dialogues, images in an illegal manner, that too for commercial purposes, cannot be permitted. Fame can come with its own disadvantages."* Principle originating from Anil Kapoor v. Simply Life India Ltd [2023] GCtR 2448 (Delhi).

"When the identity of a famous personality is used in advertising without their permission, the complaint is not that no one should not commercialize their identity but that the right to control when, where and how their identity is used should vest with the famous personality. The right to control commercial use of human identity is the right to publicity." Principle emerging from view of Hon'ble J. Manmohan Singh in Titan Industries Ltd v. Ramkumar Jewellers [2012] GCtR 5954 (Delhi).

Refer Karan Johar v. India Pride Advisory Pvt Ltd [2025] GCtR 610 (Bombay) for more details.