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
Celebrity Rights – Public, Private or Intellectual Property
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 […]
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
Protection of Acronyms under Trademark Law
It is known that acronyms are the first letters of a long phrase of words combined together. On the other hand, trademark is about a mark that shall help distinguish the product or service of goods or service from the rest of the items. Therefore, it can be said that an acronym can be registered […]
Read More
3D Printing and IPR
The three-dimensional or 3D printing service is different from the traditional way of manufacturing. In the 3D process, objects are created layer wise to get the desired three dimensional impacts. Since the inception of this latest idea in 1980s, it has gone through several changes in the technology used. This requires use of different production […]
Read More
Music Law 101: What Does Copyright Law Protect?
Music Law 101 is all about protecting different musical works along with sound recordings to its original creator. As copyright can be a confusing part, it is better to know what all it protects so that it becomes easy. It is known that each piece of recording has two types of copyrights. First, it protects […]
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
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
Lack of Music Publishing Knowledge Robbing Indian Artists of their Rights
In India there has been a lack of knowledge regarding publishing music. It can be said that a large part of publishing an art for is still unexplored. It is not about the common people but the artists and the music companies are oblivious towards it. At the initial stage due to lack of knowledge […]
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
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