Overview
Personality rights bestow rights to a person to protect their personality. Such rights are significant for celebrities since their persona is unauthorisedly used for commercial gains. The persona encompasses photographs, voice, names, images, etc. of celebrities. Personality rights are of quintessence for celebrities to protect their persona because they build their persona and public image.
The recent omnibus (interm order) injunction granted to Bollywood actor Anil Kapoor by Hon’ble Delhi High Court has brought personality rights of celebrities in spotlight. The Court noted that the illegal use of voice, name, image, dialogue, name of a person for commercial purpose cannot be permitted. Moreover, a celebrity’s right of endorsement perhaps could be a potential source of livelihood for the celebrity.
The Court not only restrained anyone to use voice, likeness, name or other aspects of the persona of Anil Kapoor to create ringtones, merchandise, etc. Additionally, the use of AI (Artificial Intelligence) tools to make GIFs or to morph image of Anil Kapoor for commercial gain is likely to violate Anil Kapoor’s right. Now, people can use the word ‘Jhakaas’ however, it can’t be used the way Anil Kapoor says ‘Jhakaas’ for commercial purpose be it with or without his image.
Bollywood actor Anil Kapoor’s case has been a welcoming move towards recognising and controlling unlawful exploitation of a celebrity persona. Albeit, this is a landmark order however, it is not the initial one. Erstwhile, Amitabh Bachchan has also approached the Delhi High Court for protection of his personality rights. The order of the Court restrained the world-at-large from using Amitabh Bachchan’s image, name, attributes and characteristics of his persona without his consent.
It is notable that the rights linked to celebrity owing to their reputation, uniqueness and well- known status has been growing in India.
Dr. Anchal Mittal Aggarwal
