personality rights are also known as rights of publicity or right of publicity. It is generally defined as the right of every individual to the commercial exploitation of his or her name, image, or other similar identifying aspect of identity. In the common law Countries advertising rights would fall within the scope of the tort of passing off
The terminology "right of publicity" was coined by a judge named Jerome Frank in a case of Haelar Laboratories Inc. v. Topps Chewing Gum Inc. in 1953. Moral rights are as a combination of mainly two types of rights, "" The right of publicity "and" the right to privacy. "The first one is with regard to the right of individuals to keep his image and likeness is not used commercially, without a permit and the second in terms of an individual right to be left alone and are not public personality without permission. The concept was adopted by many countries in the world with the United States of America as a major.
The extent of recognition of this law in the United States of America is essentially by statute or case law. As the law is based on state, there are various degrees of recognition. So recognition varies from state to state. Twenty eight states in the United States of America have recognized the concept. The state of Indiana is perhaps the most advanced in relation to this concept, because they recognize the rights for the years after the death of the individual and the protection not only for the name, image and likeness, but also for the signature, photo, gestures, special appearances and behaviors.
Other countries in the world have recognized the concept. Many cases are many in these countries. Some of them are as follows. In New South Wales, the High Court delivered its decision in the case of Henderson v Radio Corp. In Australia, the concept in the case of Koala Dundee. It was about the use of the famous movie character Crocodile Dundee's name on products without his permission. In September 2002, world-famous actor, Tom Cruise and Nicole Kidman sued a luxury goods company, "" Sephora ", for allegedly using a picture of them without permission in the form of a brochure to promote perfumes. In France, a company that has applied this principle was the publication of a book about Francois Mitterrand as "Le Grand Secret" by his personal physician.
So from the above it is clear that this concept has a universal appeal. Another area where this principle applies in relation to sports personalities. Sport is a form of entertainment and therefore has a commercial value to them. While the sports industry in general is a revenue-generating industry, per se, it is the personality of the individual sports that are often worth more from a revenue generating perspective. People like David Beckham, Ronaldo, Ronaldinho, Buffon and Gialuigi etc. are more for its cult status as their football skills. They deserve a lot of money by just lending their names for various goods and products. Your name and her image is a pulse for which the points are right.
In India the concept of personal rights is not intended for use as yet. A recent example where something close to it happened was when the famous Tamil actor Rajnikanth jut a legal notice prior to the publication of his latest film "Baba" prohibiting anyone from imitating his screen persona or the character of "Baba" "for commercial purposes, including advertising and through the imitation of facial expressions or television. The legal notice was published in a number of leading Tamil and English dailies the legal notice also stated that no attempt be made to use Rajnikath photographs or sketches or clothes in the film as the red scarves, trailers, etc. for the purpose of approving products. From this a conclusion can be drawn that the actor was attempting to protect his privacy rights.
In our country, in which actors and Bollywod cricketers have achieved near cult status, the use of their images, voice, etc. without their consent is bound to happen. Furthermore, in a cutthroat environment, everyone is trying to edge to a piece of the market. In such a situation the introduction of the personal rights is one which is most needed. It is high time that the authorities in India realized the same and this concept at the earliest.
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