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The issue of safeguarding personality rights has grown in prominence because of the rising exploitation of various celebrities and renowned individuals. The personality rights in India are generally enforced in the context of IntellectualPropertyLaws. Ramkumar Jewellers, 2012 (50) PTC 486 (Del). [9]
xxiv] Intellectualpropertylaw recognizes a limited monopoly-esque propertyright for the creator. xxv] Bargaining between rights holders and potential users can be described as a form of bilateral monopoly meaning that the transaction costs of bargaining are extremely high. 511, 523 (2012).
Recently, there have been instances of disputes between film producers and scriptwriters or musical composers over rights such as remakes, dubbing rights, etc. [3] 3] Another issue is that film directors are not recognized by copyright laws, leading some to argue that both producers and directors should have co-authorship. [4]
Introduction The Intellectualpropertylaws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.
Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. In between these problems came Delhi High Court’s judgement in favour of Anil Kapoor wanting to get personality rights. It is challenging to legalise rights to one’s personality or image. link] Luthra, S.
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