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Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i] i] In principle, the Delhi High Court has recognized publicity rights in the case of ICC Development (International) Ltd v Arvee Enterprises (2003). [ii] iv] The Copyrights Act, 1957. [v]
The current statute provides protection of these celebrity rights under trademark law, copyright law as well as passing off action for infringing the said rights. PersonalityRights: Personality is an attribute through which an individual is recognized in the society, depending upon the talent they possess.
In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.
Shekhar Kapoor,where the former lady dacoit Phoolan Devi had protested against her portrayal in the film “Bandit Queen”,ruled that the right to privacy must encompass and protect the personal intimacies of the home, family, marriage, motherhood, procreation, and child rearing, irrespective of whether the person is a public figure.
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