Celebrity Rights – Public, Private or Intellectual Property

Dec 2022

Celebrity lives are mostly public these days through different sources but they too want to maintain certain privacy. This has triggered the need to maintain celebrity rights on different properties. There are several company options that are selling products with celebrity faces from bags to soaps to cosmetics to many others. It requires suitable celebrity rights for the private or intellectual property. Also, gift hampers are available stating a chance to meet the celebrity if they win the lottery or equivalent games.

Before the companies start promoting such deals and products with celebrity faces, they should get suitable consent from the celebrity. Moreover, when arranging for such events, the celebrity should have proper knowledge about it. If such incidents are organized without the consent of the celebrity, it can result in infringement of celebrity rights. This triggers the need of registration of celebrity rights that includes private and public rights.

Let us take a look at the details of the rights in the following pat of the article.

  • Publicity rights

    It is about using the fame of a celebrity which is also called publicity right. The fame is used to augment to sales of product or service relating to the brand. Here, the business owner should take permission from the celebrity to use their frame. When done without consent of the person, it may result in infringement issues.

  • Privacy rights

    Celebrities try to maintain private life and keep it personal. As per constitution article 21, one knows about the details of rights to privacy which is part of fundamental rights. However, celebrities may take legal steps on grounds of invasion of privacy by others without the person’s consent or permission.

  • Personal rights

    So, these three types of rights are part of celebrity rights that should be taken into consideration if you wish to use any element that relates to any celebrity. Without their consent, it will not be suitable and it can result in legal issues.

    The right to publicity has long come into being where it has been stated that it requires the consent of celerity to use their fame. Irrespective of it is for non-advertising or advertising purpose, it requires the permission of celebrity. These rules are applicable as mentioned by courts since the start of the rights.

    However, lawsuits are available for such defamation and media may lose action for privacy invasion problems. The court will talk in favor of the celebrity in case their fame has been invaded without their permission. It belongs to intellectual property of the celebrity and therefore, it is important to get permission of the person before using their face or fame on public items.

Wrapping it up

The celebrity’s intellectual property rights are highly debated these days and any kind of invasion involves legal steps to be taken by the concerned celebrity. The celebrity has a legal right in their life to control and earn profit from it. They can control which company or brands are permissible to use their face or fame for the company promotion.

Trending Blogs
The Clash Of Jurisdiction Of CCI And TRAI
Overlapping Jurisdiction The Competition Act, 2002 read with section 18 of the legislation delegates to the Competition Commission of India (the “CCI”) the duty of “promoting and sustaining competition” in the Indian economy. This implies that the CCI will have principal jurisdiction to regulate conditions of competition in the relevant market of India. Whereas, Section […]
Read More
Drug Patents and Generic Pharmaceutical Drugs
When a drug is manufactured and released to the market in the initial period, it is sold under a certain brand names and can only be availed from a pharmacy after being prescribed by the doctor. The patent of the drug is owned by a few brands who are the only eligible brands to manufacture […]
Read More
Copyright Issues Involving Music
For a music composer, lyricist, a producer, or any performer, protecting music is a big concern under the U.S. copyright protection laws. By copyright, it indicates legal protection that is offered to the original work of music of the creator from others to use it by their name. The copyright law shall prevent others from […]
Read More
Blockchain Technology: Is it Building a Brighter Future
What is Blockchain Technology? The Blockchain is an incorruptible digital ledger of transactions that can be programmed to record virtually everything of value. So a blockchain is a continuously growing list of records called blocks, which are linked and secured. It protects the identities of the users. Although transactions on the blockchain are not completely […]
Read More
Can Religious Symbols Be Registered As Trademarks?
Are you planning to register religious symbols as trademarks? Well, you should research thoroughly to understand the use of religious symbols as trademarks. You have to consider the sentiments of people before you plan to use regions symbol for your business. India being a secular country encourages different citizen follows different religions, practicing it and […]
Read More
Delhi HC’s Ex Parte Order in Coca-Cola Company & Anr vs Glacier Water Industries Ltd.
This is a case of a Delhi High court ex parte proceeding concerning trademark dilution. The plaintiff filed a suit seeking a permanent injunction, damages and to restrain them from passing off their products as that of the plaintiff. The plaintiff also pleaded the court to restrain the defendants from using the mark ‘KINLEY’ and […]
Read More
US and India to join hands on the grounds of Intellectual Property Rights
After US President Donald Trump’s visit in India from February 24 to 25th February, India and the US have opted for an agreement relating to intellectual property rights or IPR. As a result of this, the cabinet sanctioned MoU with the US pertaining to IPRs, relevant to information and broadcasting as has been stated by […]
Read More
Breaking News: Toyota Loses Trademark Battle over Prius at Indian Supreme Court
The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”. According to the finding of the court, two of the three trademarks mentioned, namely Toyota and […]
Read More
Why Are Drug Patents Important Everything You Need to Know?
Before you ask for the importance of patent in the Pharmaceutical world, let us first learn about Patents. After a song is recorder, the song is approached by various music production companies who would like to rent the copyright of the song for marketing purpose and earn profit from it. And patent is almost similar, […]
Read More
Liability Of Internet Service Providers In Digital Environment
Isp Liability In India: Internet Service Providers (ISPs) can be liable for the content on the sites they host. They can be liable even if they were merely passively hosting the site, unless they take down the objectionable material when they receive notice of it. The Copyright Act and the Information Technology Act includes the […]
Read More
X
Download Firm Profile