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.

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