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JIPR Vol.09(2) [March 2004] >


Title: Celebrity Rights as a Form of Merchandise – Protection under the Intellectual Property Regime
Authors: Kumari, T Vidya
Keywords: Celebrity rights
Economic rights
Dignitary rights
Human dignity
Publicity rights
Privacy rights
Personality rights
Issue Date: Mar-2004
Publisher: CSIR
Abstract: Celebrity rights have gained great significance in the recent past. Earlier the celebrities were not permitted to flaunt their popularity and in fact they were not permitted to seek any economic benefit from the name and fame that they have acquired. In an earlier case of Tolley vs Fry, which relates to the use of a picture of a popular golf player to advertise Cadbury chocolates, it was observed that celebrities are not permitted to sell their fame and if they resort to such activities, they will be expelled from reputed clubs. Today, the celebrities claim paradoxical rights—the right of privacy and the right of publicity. These rights are examined in this paper as they form an individual class of intellectual property rights. The paper ends with a question whether the celebrities deserve exclusive rights when they have submitted themselves to the public and seek public patronage and thrive on the public applause.
Page(s): 120-135
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.09(2) [March 2004]

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