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THE RIGHT OF PUBLICITY IN IN INDIA ANUPRIYA DHONCHAK, MPHIL IN LAW, BCL, UNIVERSITY OF OXFORD, SOLICITOR, HERBERT SMITH FREEHILLS
WHAT ARE PUBLICITY RIGHTS? Publicity rights refer to an individual’s proprietary rights in their personality and the ability to monetise and prevent unauthorised third parties from exploiting it. They often include one’s name, likeness, image and a variety of other indica inextricably tied with the person. Publicity rights regimes across the world are unharmonized + evolving to protect individuals from increasingly realistic digital reproductions.

PUBLICITY RIGHTS Parallels with TM: control identity by controlling symbols Mean different things in different places Publicity rights (US style) •Drift from privacy to property •Commercial exploitation Passing off misrepresentation prevention Personality based rights –dignitary interests Reputation: e.g. commercial defamation Freedom from mental distress Privacy: private life Right to privacy Breach of confidence