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INTERNATIONAL JOURNAL OF SCIENTIFIC DEVELOPMENT AND RESEARCH International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2455-2631 | Impact factor: 8.15 | ESTD Year: 2016 open access , Peer-reviewed, and Refereed Journals, Impact factor 8.15 |
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| Paper Title: | Dead Celebrity Persona - Who owns it |
| Authors Name: | Sanjeev Kumar Chaswal |
| Unique Id: | IJSDR1904038 |
| Published In: | Volume 4 Issue 4, April-2019 |
| Abstract: | Now a days, the celebrities are exploiting internet medium to earn money from their personas which is famous amongst general public, as they feel their personas is protected under the right of publicity or personality. The right of publicity or personality refers to “the inherent right of every human being to control the commercial use of his or her identity.” As there is no federally protected right of publicity, each state has created its own protections for this intellectual property right. Use of a person’s persona for commercial gain in an unauthorized manner amounts to a violation of the publicity rights of the person. Any person must, therefore, take permission of a celebrity for using his persona for commercial gain. Such authorization for commercial use forms one of the primary revenue sources of most celebrities. By virtue of their capacity to influence the minds of the public, celebrities endorse commercial products for a fee and generate substantial revenues. The history of the right of publicity predominantly took momentum in the twentieth century; the Court enjoined the unauthorized use of Thomas Edison's name and picture on a medicine and explained. The New Jersey Court clearly viewed Edison's persona as having tangible value, thereby making it a commodity which Edison owned and could exploit (or refrain from exploiting) as he deemed fit. As such, the unauthorized use of Edison's persona injured him by depriving him of the opportunity to market the commodity himself. Yet, it was not until almost 50 years after the Edison decision that the Second Circui rendered its decision in Haelan Laboratories Inc. v. Topps Chewing Gum Inc., when the term "publicity rights" actually was coined. In the case of Haelan Laboratories, Inc. v. Topps Chewing Gum, Inc., , the decision Circuit Court of Appeals for the Second Circuit of the United States was rendered in the year 1953, Haelan, a famous baseball player signed an exclusive baseball card contract with one company (Haelan) and then a rival company (Topps) printed cards with pictures of the same player. Thus, the true issue before the Court was whether Haelan, as the assignee, could bring a claim against Topps. The Court decided the issue in the affirmative, and in the process coined the term "right of publicity." However, beyond recognizing a right of publicity for an individual, what Haelan really did was create an alienable property right - a right that could be transferred by, at the least, an assignment. Though in India, the absence of a statute makes it difficult to recognize and enforce personality rights. There is no statute or law that protects personality rights in India per se. However, judicial precedents developed over a period of time have to a great extent, supported the enforcement of Personality rights in India. Nevertheless, these days India also started recognizing these rights through many significant judgments. |
| Keywords: | personality, persona, publicity right, famous, celebrities, dead, posthumous right, , likeness, image, |
| Cite Article: | "Dead Celebrity Persona - Who owns it", International Journal of Science & Engineering Development Research (www.ijsdr.org), ISSN:2455-2631, Vol.4, Issue 4, page no.158 - 166, April-2019, Available :http://www.ijsdr.org/papers/IJSDR1904038.pdf |
| Downloads: | 000337349 |
| Publication Details: | Published Paper ID: IJSDR1904038 Registration ID:190376 Published In: Volume 4 Issue 4, April-2019 DOI (Digital Object Identifier): Page No: 158 - 166 Publisher: IJSDR | www.ijsdr.org ISSN Number: 2455-2631 |
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