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In India, personality rights are not formally recognised. However, the twin concepts of privacy and publicity rights are gradually evolving through judicial interpretations. The issue of safeguarding personality rights has grown in prominence because of the rising exploitation of various celebrities and renowned individuals.
The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. However, the conversation being considered as a contract between them was unclear regarding the IP rights. 2d 119 (2d Cir.
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. While the Constitution does not explicitly mention personality rights, In the case of Judge K.S.
student at Maharashtra National Law University, Nagpur and is passionate about IntellectualPropertyLaw and Media and Entertainment Law, with a strong interest in ADR. [This post is co-authored with SpicyIP Intern Yukta Chordia. Yukta is a 4th year BA LLB (Hons.) Long post ahead.]
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