Walk down any Indian street and you’ll find products — socks, bags, cosmetics — sold with a celebrity’s face or a movie dialogue, or a “chance to meet the star.” When done without consent, these breach celebrity rights: a blend of personality, publicity and privacy. Here’s how the law sees them.
The three rights
Celebrities’ lives have become so public that we forget they, too, want a private life. Products trading on a star’s face, voice or promise of a meeting earn big profits — justified with prior consent, but not without their slightest knowledge. These are broadly celebrity rights — a combination of:
- Personality rights — an individual’s contribution to society is their right, and is protected.
- Privacy rights — celebrities keep personal information private; Article 21 recognises the right to privacy as fundamental, with recourse in an invasion-of-privacy action.
- Publicity rights — the right to use the value of a celebrity’s fame (fame being an asset that augments sales).
The cases
Publicity rights (as part of the right to privacy) were first explicitly recognised by the Supreme Court in R.R. RajaGopal v. State of Tamil Nadu — where a person’s name or likeness is used without consent for advertising (or other) purposes, that right is violated.
The US case Barber v. Time Inc. illustrates privacy: a photographer took pictures of Dorothy Barber, hospitalised for an eating disorder, despite her protests. She won an invasion-of-privacy suit (US$3,000 damages) — the court noting that even accurate reporting can attract privacy liability where defamation wouldn’t: “the truth sometimes hurts.”
In India, Sourav Ganguly v. Tata Tea Ltd — returning from Lord’s after big centuries, Ganguly found his employer Tata Tea promoting its 1 kg packet with a postcard inside to congratulate him, riding his popularity. The court ruled for Ganguly, holding that his fame and popularity were his intellectual property.
The need for stronger law
Such cases are rising by the day — and the time has come for stricter, solid laws to protect celebrities’ interests and private rights.
The takeaways
- Celebrity rights blend three rights — personality, publicity and privacy.
- Consent is the line — using a name/likeness without it breaches these rights.
- Fame is IP — recognised in Sourav Ganguly v. Tata Tea.
- Privacy is fundamental — under Article 21, with invasion-of-privacy recourse.
Frequently asked questions
What are celebrity rights in India? A combination of personality rights (protecting one’s contribution/persona), publicity rights (the commercial value of fame), and privacy rights (under Article 21).
Can a company use a celebrity’s image to sell products? Only with the celebrity’s prior consent — using their face, voice or likeness without knowledge or consent breaches their celebrity rights.
Is fame considered intellectual property? Yes — in Sourav Ganguly v. Tata Tea, the court held that a celebrity’s fame and popularity constitute intellectual property.
Which case first recognised publicity rights in India? R.R. RajaGopal v. State of Tamil Nadu, where the Supreme Court held that unauthorised use of a person’s name or likeness violates their rights.
Legislation referred to
- The Trade Marks Act, 1999
- The Constitution of India — Article 21