Importance Of Personality Rights As A Form Of Intellectual Property

Introduction

Personality rights, at their core, allow individuals to retain control over the elements that make them identifiable, their name, image, voice, likeness, and other traits that shape their public persona. These rights ensure that a person's identity is not used, especially for commercial gain, without their consent. When such use occurs without permission, it is more than a simple misuse, it interferes with an individual's autonomy and dignity. In India, this idea is closely connected to the protection of personal identity under Article 21 of the Constitution, which the Supreme Court has interpreted to include the right to privacy and the broader right to live with dignity.

The relevance of personality rights has grown significantly with the evolution of digital communication and technology. Today, images, videos, and audio recordings can be replicated, altered, or circulated instantaneously. Tools such as deepfakes, AI-generated voices, and image-morphing software have made it possible to imitate or distort someone's identity with alarming ease. This poses serious risks not only to ordinary individuals but also to public figures whose personas carry substantial commercial value and are frequently targeted for unauthorized use.

Although India does not yet have a dedicated statute governing personality rights, courts have increasingly recognised them and begun treating them as an emerging form of intellectual property. This approach acknowledges that an individual's persona holds both personal significance and economic value, and that unauthorized commercial use amounts to a form of exploitation. As digital platforms continue to blur the boundaries of privacy and publicity, giving personality rights a clearer and more formal position within India's intellectual property framework has become essential. It offers a structured way to safeguard personal dignity while also protecting the commercial interests attached to one's identity.

Current legal protection

Although India does not have a dedicated statute for personality rights, several legal frameworks offer partial and indirect protection. The primary foundation is Article 21, which safeguards privacy, dignity, and personal autonomy, allowing individuals to control the use of their identity.

Certain intellectual property, adjacent concepts also provide support. Moral rights and performers' rights help prevent unauthorised reproduction or distortion of a person's creative identity. Trademark principles can protect names or likenesses when they acquire distinctiveness or are used in a way that suggests endorsement. Additionally, the tort of passing off prevents misleading commercial representations, while defamation law protects individuals when misuse of their identity harms their reputation.

Together, these mechanisms create a fragmented but functioning framework; however, none offer the clarity or consistency that a dedicated personality rights statute would provide.

Personality rights and Intellectual Property

Personality rights naturally intersect with the underlying principles of intellectual property. Intellectual property law is built on certain core ideas, such as, ownership, control, licensing, distinctiveness, and the prevention of unauthorized commercial exploitation. When examined closely, personality rights reflect these very same characteristics. Every individual possesses a unique persona, and this uniqueness creates an inherent form of ownership over one's identity. Just as creators control how their intellectual creations are used, individuals should have the authority to decide how their personality is presented to the public and what aspects of it should remain private. This parallel brings personality rights and intellectual property rights into close conceptual proximity.

From an economic standpoint, the connection becomes even clearer. Intellectual property regimes, particularly trademark law, protect the goodwill and reputation associated with a brand commercially. In a similar way, personality rights safeguard the commercial value attached to an individual's identity. A person's likeness, voice, or name can carry significant economic weight, especially for public figures, and can be commercially exploited through endorsements, merchandise, and digital media. Personality rights help regulate this value, ensuring that individuals retain control over how their identity is used and preventing others from deriving unjust benefit from it.

At the same time, there is a strong moral dimension to personality rights. Beyond economic interests, these rights preserve personal reputation, authenticity, and dignity. This blend of economic value and moral protection situates personality rights within the broader framework of intellectual property. In many ways, they mirror the dual structure found in copyright law, where both economic rights and moral rights coexist. This structural similarity further supports the argument that personality rights deserve recognition as a distinct form of intellectual property in India.

Judicial recognition in India

1. ICC Development (International) Ltd. v. Arvee Enterprises & Anr. (2003)
   In this landmark judgment, the Delhi High Court held that personality rights cannot be claimed by institutions or corporations, as such rights vest only in individuals. The Court observed that the right of publicity has evolved from the right to privacy, protecting personal attributes such as name, signature, voice, and likeness. It further clarified that an event, tournament, or organization cannot possess publicity or personality rights, since these are inherently tied to human identity.
2. Shivaji Rao Gaikwad v. Varsha Productions (2015)
   This case involved the unauthorized use of actor Rajinikanth's name and persona in the movie Main Hoon Rajinikanth. The Court recognized the actor's right to protect his name, image, and persona from commercial exploitation without consent. It emphasized that a celebrity's personality, built over years of professional effort, holds significant commercial value and that its misuse can cause serious harm to reputation and economic interests. This decision reinforced the idea that personality rights form part of an individual's intellectual property.
3. Titan Industries Ltd. v. Ramkumar Jewellers (2012)
   In this case, a jewellery store used the images of Amitabh Bachchan and Jaya Bachchan in advertisements without authorization. The Delhi High Court reaffirmed that a celebrity has an exclusive right to control the commercial use of their persona, including when, where, and how it may be exploited. The Court held that such unauthorized usage amounts to misrepresentation and exploitation of a person's identity for commercial gain, aligning personality rights with the protection offered under intellectual property law.
4. Amitabh Bachchan v. Rajat Nagi & Ors. (2022)
   The Delhi High Court granted an interim injunction restraining the defendants from using Amitabh Bachchan's voice and image in online scams and impersonations related to Kaun Banega Crorepati, reaffirming that voice and likeness are integral parts of personality rights.
5. Anil Kapoor v. Simply Life India (2023)
   The Delhi High Court granted actor Anil Kapoor an interim injunction to protect his personality rights, which include his name, image, voice, and likeness. The court issued an ex parte order to stop unauthorized commercial exploitation, including the use of AI-generated content like deepfakes, and to prevent the misuse of his signature phrase "Jhakaas". This decision established a significant legal precedent for protecting celebrity identities in the digital age.
6. Aishwarya Rai Bachchan v. AishwaryaWorld.com & Ors. (2025)
   In a recent 2025 decision, the Delhi High Court granted an interim injunction in favor of Aishwarya Rai, protecting her name, image, and likeness from unauthorized use on e-commerce platforms and through AI-generated deepfakes. This ruling demonstrates the judiciary's growing awareness of modern threats like digital impersonation and AI misuse, and its readiness to extend personality right protections into the digital domain.
7. Jaya Bachchan v. Bollywood Bubble Television & Ors. (2025)
   In a recent order dated November 10, 2025, the Delhi High Court recognised that actor and Rajya Sabha MP Jaya Bachchan possesses enforceable personality rights, and granted her interim relief against unauthorised commercial use of her name, likeness, voice and image on social media, merchandise platforms and digital channels. However, the court declined to issue a restraining order against the sale of posters related to her 1973 film Abhimaan (which also stars her husband, Amitabh Bachchan), reasoning that the copyright in those posters lies with the film-producer and that their sale did not directly harm her personality rights.
   These judicial decisions have explicitly recognised personality rights as a form of intangible property and have taken clear steps to safeguard them against misuse and misappropriation.
8. Raj Shamani & Anr. v. John Doe / Ashok Kumar & Ors.
   The Delhi High Court has recently granted a John Doe injunction to protect the personality rights of podcaster Raj Shamani, recognizing him as a "known face in India, especially in the field of content creation." Justice Manmeet Pritam Singh Arora observed that Shamani has built substantial goodwill and reputation, and held that his name, likeness, voice, and image constitute protectable elements of his personality. The Court restrained anonymous parties, online platforms, and content creators from using these attributes commercially without his permission, including via AI-generated deepfakes, and directed the removal of infringing material, also acknowledging his rights under the Copyright Act and trademark law for his podcast Figuring Out.

Why recognition as intellectual property is important

1. Commercial Value: Celebrities and public figures often carry significant value in their personalities, and this value is not accidental. They invest substantial time, effort, and resources in cultivating a public image that resonates with audiences. This cultivated persona becomes an essential part of their professional identity and, in many cases, their primary source of income. Actors, athletes, influencers, and other public figures frequently rely on their established image to secure endorsements, brand collaborations, and other commercial opportunities. As a result, a celebrity's personality develops into a clear commercial asset. Industries such as advertising, entertainment, and merchandising depend heavily on the controlled use of a public figure's likeness. Licensing agreements, sponsorships, and promotional campaigns all operate on the understanding that the individual has the exclusive right to decide how their identity is used. When viewed through this lens, personality becomes a legitimate marketable right that generates economic value and warrants legal protection.
2. Legal Clarity and Enforcement: The current legal framework surrounding personality rights in India is shaped largely by constitutional principles and intellectual property concepts. Although these rights do not yet have an independent statutory foundation, they draw substantial support from Article 21 of the Constitution, which protects the right to privacy and personal autonomy. The groundwork for recognising personality rights was first laid in R. Rajagopal v. State of Tamil Nadu, where the Supreme Court acknowledged an individual's right to control the publication of aspects of their life and identity. Despite this judicial evolution, personality rights still lack explicit recognition under any dedicated statute. This absence creates uncertainty and often leads to overlap with other areas of law such as privacy, defamation, and the tort of passing off. Without a clear statutory definition or framework, it becomes difficult to distinguish where personality rights begin and where these other legal protections end, resulting in fragmented and sometimes inconsistent application of the law.
3. Technological Relevance: With rapid technological advancements, particularly the rise of deepfakes, digital replication, and sophisticated morphing tools, traditional privacy and tort laws often prove insufficient to address modern forms of identity misuse. These technologies enable highly realistic and easily shareable manipulations, leaving individuals vulnerable to exploitation that existing legal frameworks were not designed to handle. Recognising personality rights within the intellectual property framework offers a more effective solution. It provides preventive, enforceable, and clearly structured protection against unauthorized reproduction, ensuring that individuals retain meaningful control over their identity in an increasingly digital environment.

Challenges and need for balance

The absence of a dedicated statutory framework for personality rights within India's intellectual property regime has resulted in inconsistent and often fragmented protection. This ambiguity raises several unresolved questions: Who exactly can claim personality rights? Are they limited to celebrities and public figures, or do they extend to all individuals? What is the precise scope and duration of these rights? Without clear legal definitions, courts are left to address these issues on a case-by-case basis, leading to uncertainty for rights-holders and those engaging with public identities in creative or commercial spaces.

Moving forward, any legal framework for personality rights must be carefully balanced with the constitutional guarantee of freedom of expression under Article 19(1)(a). Excessive protection risks suppressing legitimate forms of speech such as satire, commentary, artistic expression, and public interest reporting. Clear statutory exceptions, similar to fair use or fair dealing principles in copyright law, are essential to ensure that the recognition of personality rights does not unintentionally stifle creativity, criticism, or open discourse. A balanced approach will protect individuals from exploitation while preserving the vibrancy and freedom of public expression.

Conclusion

Personality rights in India occupy a unique intersection between personal autonomy and commercial value. Although judicial decisions have laid meaningful groundwork, the absence of explicit statutory recognition leaves significant gaps in both consistency and enforcement. As identity becomes increasingly vulnerable to digital manipulation and commercial exploitation, the need for a structured legal approach grows more urgent. Recognising personality rights as a form of intellectual property not only acknowledges the economic interests tied to one's identity but also reinforces the importance of dignity and personal control in a rapidly evolving digital society. A measured and well-defined legal framework would ensure that these rights are protected without undermining the constitutional freedoms that lie at the foundation of public discourse.

REFERENCES

1. Agnes Augustian, Protection of Personality Rights in India: Issues and Challenges, 1 IPR J. (Maharashtra Nat'l L. U., Nagpur) 44 (June 2023), https://www.nlunagpur.ac.in/PDF/Publications/5-Current-Issue/4.%20PROTECTION%20OF%20PERSONALITY%20RIGHTS%20IN%20INDIA.pdf
2. Krishnan Luthra & Vasundhara Bakhru, Publicity Rights and the Right to Privacy in India, 31 Nat'l L. Sch. Ind. Rev. (NLSIR) 65 (2019), https://repository.nls.ac.in/cgi/viewcontent.cgi?article=1259&context=nlsir
3. Niharika Salar & Sonal Sinha, India's Take on Legal Remedy of Passing Off: A Celebrity's Perspective, 17 Indian J. L. & Tech. 1 (2021), https://repository.nls.ac.in/cgi/viewcontent.cgi?article=1107&context=ijlt.

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