Protecting Celebrity Rights Through Intellectual Property Conceptions
Souvanik Mullick & Swati Narnaulia
Volume 1 Issue 4 (2008)
The rights of celebrities to make choices regarding the levels of exposure they wish to accept and to profit from exposure if they choose to, is a well recognized concept in the West. In India, however, the right to privacy which emerged through judicial pronouncements is not equipped to protect celebrity rights. This paper analyses the justifications for protection of celebrity-rights and studies the mechanisms through which other legal systems protect these rights. The paper suggests an intellectual property based approach to the protection of celebrity rights, which can be implemented in India either through legislative enactments or through the incorporation of developments in this regard that have occurred in other common law jurisdictions through judicial pronouncements.