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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
NISCAIR PUBLICATIONS >
Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.16 [2011] >
JIPR Vol.16(1) [January 2011] >
| Title: | Celebrity Rights: Protection under IP Laws |
| Authors: | Ahmad, Tabrez
Swain, Satya Ranjan |
| Keywords: | Celebrity rights
Intellectual property rights
Right to privacy
publicity right
Merchandising right
Moral right
Personality right
Right of passing off |
| Issue Date: | Jan-2011 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | Protecting celebrity rights under
intellectual property (IP) laws is a significant development in the field of
intellectual properties rights. Celebrities can flaunt their popularity and are
permitted to make riches out of their identity. Though celebrities have often
lend their voices, faces and names to various commercial and non-commercial
endeavours for free, there have been instances where photographs of celebrities
have been used in advertising and for other purposes without their permission,
leading to a scenario where celebrities are unable to make choices regarding
the exposure which is acceptable to them as well as monetary benefits that they
wish to acquire. In this paper, a modest endeavour is made to highlight and
explain various issues concerning celebrity rights and their protection under
IP laws. There are various international conventions, which have recognized
these rights, either directly or indirectly. The Universal Declaration
of Human Rights and the European Convention on Human Rights are noteworthy
evidence in this regard. Moreover, the rights of a celebrity can be protected
through copyright, trademark, etc. In this paper, various rights like right to
privacy, publicity/merchandising right, moral right,
personality right, right of passing off, etc. are discussed. These rights are
explained in the light of laws in India and practices prevalent in US, UK, and
civil law countries like France and Germany. |
| Page(s): | 7-16 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.16(1) [January 2011]
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