Without t their permission may be a issue
If I used a famous International OR Indian celebrities name and details of their work in a fictional novel, is that allowed?
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Can I use the celebrity's picture OR a sketch as my cover of the said fictional work without their permission?
You mean if my film featured the name of Imran Khan or Scarlette Johnson and they had a role to play in that fictional work, they can potentially sue me?
The right of celebrities to privacy is persistently being abused in several ways through misappropriation
by others. The right of publicity and the right to commercial use of their identity are constantly infringed.
The rights enjoyed by celebrities are a bundle of rights including publicity rights, reproduction rights,
distribution rights, rental and lending rights, making available rights, personality rights, privacy rights and
so on. But broadly, these rights can be classified under three major categories, namely, personality rights, publicity rights, and privacy rights.
The image rights in India, as considered by the Delhi High Court, arise from the right of privacy which has emerged through case law development and flows from human dignity enshrined in Articles 19 and 21 of the Constitution. This approach has to be contrasted to the approach of treating publicity rights as commercial property.
It is highly controversial whether performances of film actors are protected under IP laws in India since performances are not protected under copyright laws.
Section 13(4) provides that separate creative components within a film are copyrightable. Whether
an actor’s on-screen image may be protected and whether there is a need to protect against distortion or
dishonour was decided in the case of Manisha Koirala v Shashilal Nair.44 In Fortune films v Dev
Anand,
it was said that acting in films does not fall under any category of work. A performer’s right is
expressly excluded under Section 38(4) by stating that ‘once a performer has consented to the incorporation
of his performance in a cinematograph film, the provisions of sub-sections (1), (2) and (3) shall have
no further application to such performance.
’ Moral rights are conferred only on authors and the definition of author does not cover a film actor.
The other controversial area in IP protection is whether the author has copyright protection over
digitally made graphic or cartoons. If the digital image is of a well known personality, is there a conflict between author’s right in his creation and actor’s right in his image? This question remains to be answered.
Digital Merchandising
In this case, a computer generated image, if it qualifies as a mark, can get protection under trademark law merely as a mark.
In India, the exclusive right to authorize public performances and broadcast them does not exist.
There is provision, merely, for secondary rights to prevent public performance or broadcasting or
recordings made without the performers’ consent and to receive equitable remuneration. Thus, though
economic rights are available, moral rights do not exist. No protection is given against ‘substantial
similarity’ which is a necessary element in protection of celebrity rights.
Dear Sir,
If your intention is not malign and malice then nobody can object your usage of names of such celebrities in your fictional work. But, you must be very careful as you are suppose to face celebrities who are rich persons and they may file defamation cases claiming huge amounts by engaging reputed advocates.
Dear Client,
Such names can be used. It is recommended to not use their picture or sketch as cover as they can sue for it.
Thank you