EXAMINING THE ASPECT OF THE RIGHT OF PUBLICITY UNDER INTELLECTUAL PROPERTY LAW

  • Unique Paper ID: 174791
  • PageNo: 615-625
  • Abstract:
  • The right of publicity is about protecting a person’s identity—like their name, image, or voice—from being used without their permission, especially for commercial purposes. This concept, which started as part of privacy rights, has grown into something more like a property right, where a person’s identity has economic value. However, there are many challenges in balancing this right with freedom of speech, especially in creative fields like movies, video games, and news. Different countries and courts have different rules, which makes it confusing and inconsistent. This study looks at how the right of publicity is treated in India and compares it with international practices. It also explores whether current intellectual property laws in India are enough to protect celebrities and their identities. Through surveys and interviews with celebrities, content creators, and the general public, the research highlights how people view publicity rights and the challenges celebrities face in controlling their image in the digital age. The study suggests that India needs more laws to protect these rights while ensuring that free speech and creativity are not harmed. A balanced approach is necessary to address the growing misuse of celebrity identities and to provide better protection under intellectual property law.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{174791,
        author = {KANMANI K},
        title = {EXAMINING THE ASPECT OF THE RIGHT OF PUBLICITY UNDER INTELLECTUAL PROPERTY LAW},
        journal = {International Journal of Innovative Research in Technology},
        year = {2025},
        volume = {11},
        number = {11},
        pages = {615-625},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=174791},
        abstract = {The right of publicity is about protecting a person’s identity—like their name, image, or voice—from being used without their permission, especially for commercial purposes. This concept, which started as part of privacy rights, has grown into something more like a property right, where a person’s identity has economic value. However, there are many challenges in balancing this right with freedom of speech, especially in creative fields like movies, video games, and news. Different countries and courts have different rules, which makes it confusing and inconsistent.
This study looks at how the right of publicity is treated in India and compares it with international practices. It also explores whether current intellectual property laws in India are enough to protect celebrities and their identities. Through surveys and interviews with celebrities, content creators, and the general public, the research highlights how people view publicity rights and the challenges celebrities face in controlling their image in the digital age. The study suggests that India needs more laws to protect these rights while ensuring that free speech and creativity are not harmed. A balanced approach is necessary to address the growing misuse of celebrity identities and to provide better protection under intellectual property law.},
        keywords = {celebrity, publicity rights, fair use, copyright},
        month = {March},
        }

Cite This Article

K, K. (2025). EXAMINING THE ASPECT OF THE RIGHT OF PUBLICITY UNDER INTELLECTUAL PROPERTY LAW. International Journal of Innovative Research in Technology (IJIRT), 11(11), 615–625.

Related Articles