Personality Rights

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News: The Delhi High Court has passed an order protecting the personality rights, and publicity rights of Sadhguru Jaggi Vasudev, founder of Isha Foundation, and restrained various rogue websites from misusing his personality traits by deploying Artificial Intelligence (AI).

About Personality Rights

Source – Bar & Bench
  • Personality rights refer to the legal rights of an individual to protect their unique personal attributes—such as name, image, likeness, voice, signature, and other distinctive traits—from unauthorized use, especially for commercial gain.
  • These rights are particularly significant for celebrities and public figures, whose personas have substantial commercial value and are often targeted for endorsements or advertisements without their consent.
  • Key aspects of Personality Rights in India
    • Right to privacy: It protects individuals from unauthorized disclosure or intrusion into their personal life.
      • In India, the right to privacy is recognized as a fundamental right under Article 21 (Puttaswamy Case 2017).
    • Right of publicity: It grants individuals control over the commercial use of their identity, such as their name, image, likeness, or other recognizable characteristics.
      • This means that no one can use these attributes for commercial purposes (like advertisements or merchandise) without permission or appropriate compensation.
      • Publicity rights are governed by statutes like the Trademarks Act 1999 and the Copyright Act 1957.
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