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 Common Law Protection Of Trade Secrets And The Need For A Statue
Introduction: A trade secret is anything you use in your business that gives you an advantage over your competitors. A trade secret can be a recipe, process, formula, strategy, technique or device that your competitors do not know, do not have, and cannot use. With development in technology, as well as the ease of sharing, […]
Read More
Need for Kashmiri Saffron to get the GI tag
The Kashmiri Saffron has been given geographical indication tag recently from Lieutenant Governor G C Murmu. The acquiring of GI tag is a step ahead in bringing the brand among the list of top ones. The tag has been given for the saffron grown in Kashmir. In this regard, it can be said that the […]
Read More
Domain Name Disputes in India
Domain Name As Trademarks A domain name which is unique, capable of identifying itself and distinguishing its goods and services from those of others and acts as a reliable source identifier of concerned goods and services on the internet may be registered as a trademark. Domain Name Disputes A domain name dispute would arise when […]
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
Alibaba IPR Report Shows Ideal Brand Protection Program
As per sources, e-commerce giant, Alibaba group has successfully gained success using intellectual property rights-protection. The giant has been able to offer quality service due to well integration of the latest technological improvements coupled with partnerships with top-rated brands. Also, external stakeholders assisted the giant in offering quality service to proactively monitor, go through rights-holders […]
Read More
Pharma Companies File 15% of Patents in India
The Indian Pharma industry is primarily known for its Generic Drugs. But recently, to push its value higher in the market, the Indian pharmaceutical industry is investing more in research and development of new drugs along with increasing the potency of the existing ones to move up the value chain. From 2013-2015, out of the […]
Read More
Well Known Trademark And Indian Law
What is well-known trademark? As per new Trade Mark Rules 2017, a new procedure has been created that allows the Registrar to proclaim a particular trademark as “well known”. Section 2(1)(zg) Of The Trademark Act, 1999 states that well- known trademark is a mark which has become well known to the section of the public […]
Read More
Intellectual Property Rights in the Era of Counterfeit Goods
The industry of counterfeited products has taken shape due to the desire of customers to get hands-on high quality item at reasonable rates. They have great satisfaction in this and this is where the counterfeited goods are made available in the market. Different world markets are full of counterfeited products ranging from cosmetics, electronics, footwear, […]
Read More
Copyrights of Music in India
Music is an art more specifically an intangible form of art. Copyrighting a song or a melody protects the basic right of the creator. The copyright also assist the creator financially. In order to ask for copyright the creator needs to file a registration. Once the creator gains the copyright, any infringement to the copyrighted […]
Read More
PTAB Should Not Disapprove Claims on the Grounds of Indefiniteness in IPR
Federal Circuit has disapproved of arguments of claims that show any reason other than anticipation pertaining to party procedures. Federal Circuit has rejected the challenge shown by Samsung Electronics America, Inc. The company challenged that PTAB can disapprove claims that are considered indefinite in IPR. Samsung has been charged on the grounds of infringing U.S. […]
Read More
X
Download Firm Profile