The Delhi High Court has allowed Anil Kapoor’s pleas for protection of his personality rights from misuse by third parties.
Key points
- The name, voice, signature, images or any other feature easily identified by the public are markers of a celebrity’s personality and are referred loosely as “personality rights.”
- These could include a pose, a mannerism or any aspect of their personality.
- Many celebrities even register some aspects as a trademark to use them commercially. For example, Usain Bolt’s “bolting” or lightning pose is a registered trademark.
- The idea is that only the owner or creator of these distinct features has the right to derive any commercial benefit from it.
- Exclusivity is a big factor in attracting commercial dividends for celebrities. So unauthorised use causes a tangible loss of revenue.
- Personality rights or their protection are not expressly mentioned in a statute in India but are traced to fall under the right to privacy and the right to property.
- Even as the Delhi High Court and the Madras High Court have passed interim orders, the law is at a nascent stage in India.
Ex-parte injunction
- The Delhi High Court granted an ex-parte, omnibus injunction restraining 16 entities from using Kapoor’s name, likeness, image, using technological tools like Artificial Intelligence, face morphing and even GIFs for monetary gain or commercial purpose.
- An ex-parte injunction is when relief is granted to a party without hearing the other side. An omnibus injunction refers to an injunction granted against any unauthorised use- even those that are not mentioned in the plea.
