Online Expert Guest Lecture on ‘Decoding Personality Rights: India’s Overlapping IPRs Conundrum

Event Date: 29 th March, 2025

Program Theme

The Centre of Intellectual Property and Innovation (CIPI) successfully hosted an Online Expert Lecture on Decoding Personality Rights: India’s Overlapping IPR Conundrum on March 29, 2025, from 2:00 p.m. to 4:00 p.m. The session was conducted by Dr. Aakanksha Kumar, Associate Professor and Associate Dean at Jindal Global Law School, who provided an insightful analysis of the complexities surrounding personality rights in India’s and International legal frameworks with various prominent case laws.

The lecture explored the intersection of intellectual property rights (IPR) with personality rights, focusing on copyright protection for voice, patents on body parts, and the semiotics of celebrity. Dr. Kumar delved into how celebrities and influencers protect their personal rights through torts, trademark law, and misappropriation claims, discussing landmark cases that have shaped the legal discourse. The session emphasized the growing importance of personality rights in the digital era, where unauthorized use of identities is prevalent.

Participants engaged in a stimulating discussion on the evolving legal landscape of personality rights in India, gaining deeper insights into the challenges and solutions for safeguarding individual identities. CIPI extends its gratitude to Dr. Aakanksha Kumar and all attendees for making this event a resounding success.

Description

The Centre of Intellectual Property and Innovation (CIPI) has been successful in conducting an eye-opening Online Expert Lecture on Decoding Personality Rights: India's Overlapping IPR Conundrum by Dr. Aakanksha Kumar

1. Understanding Personality Rights

•Personality rights is a legal protection that an individual receives in relation to the name, likeness, voice, image, signature movements, and other distinguishing aspects of his identity.

•The rights protect the individuals, mostly celebrities and influencers, to gain control over their use of identity in commercial transactions.

2. Voice Protection through Copyright

•Voice as intellectual property: Dr. Kumar described how a unique voice can be safeguarded under copyright law, using international examples.

•Case Study – Midler v. Ford Motor Co.: The discussion covered how singer Bette Midler took Ford to court for utilizing a voice imitation in their ad, highlighting that even a uniquely recognizable voice can be protected by copyright.

•In India, voice copyright is in a developing stage, but foreign precedents serve as valuable references.

3. Body Part Patents

•Literature on biometric identity and its patenting, such as improvements in prosthetic limbs and genetically engineered body parts.

•Legals and ethics of patenting human body alterations and the effect on personality rights.

•Complicated nexus between biotechnology patents and individual autonomy was scrutinized.

4. Semiotics of Celebrity and Celebrity as a Commodity

•The celebrity semiotics is how celebrities build public identity using visual signs, brand, and symbols of culture.

•Celebrities can be commodified as brands such that their face, name, and persona can become commercial resources.

•This application is important for endorsement contracts, merchandising, and sponsorships.

5. Difference Between a Celebrity and an Influencer

•Celebrity: An individual who has acquired fame via motion pictures, sports, music, or other public performances and is known through various media.

•Influencer: An individual who has created a large following on the Internet, especially social media, with the power to affect consumer taste.

•Dr. Kumar discussed how legal protections are different for both groups regarding misappropriation of identity and commercial exploitation.

6. Shielding Celebrity and Influencer Personal Rights Under Tort Law and Other Legislation

•Misappropriation of Identity: Improper use of a celebrity's name, likeness, or voice may result in tort law-based claims.

•Passing Off and Trademark Legislation: Celebrities may register their name or catchphrase signatures as trademarks to secure against unauthorized use in commerce.

•Defamation and Privacy Rights: Shielding from false representation or privacy intrusion in online and commercial situations.

7. Landmark Case Laws – Indian Cases:

Applause Internet Case: It dealt with unauthorized use of celebrity material on the internet and established a precedent for personality rights online.

Karan Johar Case: A landmark case regarding abuse of Johar's public image in an unauthorized book.

Anil Kumar Case: A key judgment on image rights and online misrepresentation.

8. Significance of Context in Personality Rights

• Dr. Kumar pointed out that context plays an important role while assessing personality rights abuse.

•Public interest, parody, fair use, and transformative use are considerations in deciding if a violation took place.

•Judges examine intent, commercial gain, and reputation impact on the individual in determining these cases.

The success of the event was made possible through the visionary guidance of Dr. Aditya Tomer, Dean, School of Law, whose support played a crucial role in facilitating this knowledge-sharing platform. The efforts of the members of the Centre—Dr. Anuja Misra (Convenor), Mr. Akshat Mehta, and Ms. Shreya Bajpai—were also instrumental in ensuring smooth coordination and logistics.

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