Personality Rights, Publicity Rights and Trademark Rights
Why in news : Recently, the Delhi High Court passed an interim order to prevent the unlawful use of Bollywood Star Amitabh Bachchan’s name, image and voice.
What are Personality rights ?
- Personality rights refer to the right of a person to protect his/her personality.
- It is a right which comes under Right to privacy or Right to property.
- They are necessary for celebrities to protect their personality attributes like name, nickname, voice and picture etc from misuse by various advertising companies or others.
Personality rights Vs Publicity rights
- Personality right is different from publicity right.
- Publicity right is a part of personality right.
- Personality right comprises of two types of rights. They are the right of publicity and the right to privacy.
- Publicity rights are governed by statues like the Trade marks Act, 1999 and the Copyright Act 1957.
Personality rights applicable in the case of internet?
- In Arun Jaitley vs Network Solutions Private Limited and ORS., case the Delhi High court stated that the “ popularity or fame of an individual will be no different on the internet than in reality.”
Consumer rights available in case of false advertisements :
- Ministry of Consumer Affairs has made a notification in 2022 to control the misleading adverstisements.
- It can also impose a penalty for such acts by the endorsers.
Syllabus : prelims + mains; GS 2- Polity and Governance