Celebrity Rights Under IPR

INTRODUCTION

A celebrity is a somebody of fame. Any writer, actress, model, athlete, musician, politician, or anyone else who draws attention from the public is a celebrity in today's world. The public's perception and perspective of them determine whether they are considered celebrities by the audience. They have a sizable fan base and have a significant impact on many individuals both directly and indirectly through their line of work.

Celebrity rights are not statutory rights in and of themselves because they are neither mentioned nor covered in a separate legislation. Existing laws that incorporate several rights enforce application and jurisdiction over these rights. The act of delivering goods or services to the public while purposefully or inadvertently impersonating someone else's trademark or brand is known as "passing-off." They have access to a variety of rights, such as those related to personality, privacy, reproduction and distribution, character, rental, performance, lending, and so forth. The protection of a celebrity's interests can be provided via copyright and trademark laws. The Trademarks Act of 1999, the Copyright Act of 1957, and other statutes contain provisions pertaining to the Right to Publicity. In India, the Right to Privacy has also been declared a fundamental right.

UNDER TRADEMARK LAW

Celebrities occasionally create their own "lines" or brands, either on their own or in partnership with a company. That brand may have its own name, the moniker that celebrities give it, or a creative logo. For instance, Usain Bolt has trademarked his "pose," and Sachin Tendulkar has filed his name as a trademark in India.

In the Sourav Ganguly v. Tata Tea Limited case, the well-known Indian cricket player was upset to discover, upon his return, that Tata Tea Ltd. had placed postcards in their tea packets as a way to congratulate him—clearly without Sourav Ganguly's knowledge or consent. This was after Ganguly scored hundreds in the Lords. The tea became well-liked. Sourav Ganguly won the case because of his reputation and popularity were a part of his Intellectual Property.

UNDER COPYRIGHT LAW

The term "celebrity" is not defined or discussed in the Indian Copyright Act. Nonetheless, Section 2 (qq)(2) of the Indian Copyright Act defines a "Performer." These entertainers, who qualify as celebrities, are entitled to certain rights. Books written by well-known authors are likewise protected by copyright law, even if they are not original.

In Sonu Nigam v. Amrik Singh (alias Mika Singh) & Anr.[372/2013(Bombay High Court)], both well-known singers from this era were asked to attend a radio function and, with their consent, were photographed for posters. However, Mika Singh advertised himself using non-official posters. The posters included larger pictures of him with other celebrities, such as Sonu Nigam. Sonu Nigam pictures were shrunk in size. The Bombay High Court prohibited the defendants from using the disputed posters and ordered them to pay Rs. 10 Lakhs in damages, to be donated to charities as agreed upon by the parties. It was argued and ultimately decided that the hoardings and posters created an unfair impression of Mika Singh's popularity, overshadowing other deserving and dignified artists.

Right to Privacy Versus IP Rights of Celebrities

The media argues that capturing and publishing information about celebrities falls under their fundamental right of press freedom, as guaranteed by Article 19 of the Constitution, citing public interest. Celebrities, however, contend that this encroaches on their personal lives and privacy. Individuals should have control over how their identity is used commercially, with such rights remaining exclusively theirs unless they consent otherwise. Only information deemed newsworthy, or images taken in public spaces with consent do not infringe on privacy rights.

In a recent case, Krishna Kishore Singh vs. Sarla Saraogi, Krishna Kishore Singh, father of the late actor Sushant Singh Rajput, sought to protect his son's privacy and reputation by blocking any unauthorized depiction of his life. The Delhi High Court dismissed the suit, citing that celebrity rights cannot be recognized without aligning with the core concept of the Right to Privacy.

CONCLUSION

If a celebrity's privacy, publicity, and personality rights are not properly protected, their creations, names, and likenesses could be exploited and misused.

To safeguard these rights, celebrities should:

1. Apply for trademark registrations for their names, signatures, brands, and nicknames.

2. Obtain copyright registrations for performances, literary works, images, videos, and sound recordings to prevent unauthorized use and control their distribution, publication, and public performance.

These measures help prevent financial exploitation by infringers. It's time for lawmakers to establish specific laws that address celebrity rights, offering protection against misuse while ensuring privacy.

Disclaimer: This article was first published in the S&A Law Offices - 'Intellectual Property (IP-Tech)' newsletter in August 2024.