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
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
Fluid Trademarks
Fluid mark is often thought of as a conventional mark which can be converted to a living form with some specific representation. In other words, fluid trademark is a modern method of branding that shall help achieve success easily in this digital era. As per the name, the mark tends to change with time. This […]
Read More
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
Protection Folklores India Intellectual Property Rights
India is a land of diversity when it comes to folk and ethnic culture with hundreds of ethnic, linguistic and religious groups with diverse origins and lifestyles that, over time, intermingled in part and remained untouched in parts over centuries. Perception about folklore differs in India, mainly associated with tribals and simple rural people, rather […]
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
Early-Stage Intellectual Property to Raise More Money
What is Artificial Intelligence? Creation of innovative ideas is what matters the most in running a business. People were least bothered to patent the designs. But with increasing use of almost similar ideas in the businesses, it is of great importance to patent the ideas. This shall help in better growth of the business and […]
Read More
Voluntary Cancellation of Trademark Registration
Trademark registration is a timely affair for 10 years, and it is registered as per the Trademark Act, 1999. There are certain rules and laws pertaining to trademarking a symbol for a brand. A proprietor can get a symbol, phrase of the word, or equivalent trademarked to be used for the brand. But there are […]
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
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
Copyright in the Digital World
These days, there is an increased use of smartphones, computers and tablets and multimedia has shown its great influence in our lives. In the digital world, there are several works used by us. Have you thought whose work are we using? Well, none of us have tried to find out the owner of the work […]
Read More
Download Firm Profile