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  Published Paper Details:

  Paper Title

Impact of Social Media on Celebrity Rights In Relation With Intellectual Property Rights

  Authors

  Gowshini Athreya D

  Keywords

Personality Rights, Character Merchandising, Personality Merchandising, Image Merchandising, Article 21 of the Indian Constitution.

  Abstract


Personality Rights are intended to protect the person's economic status, personal liberty, and freedom from the unauthorized use of their photos, videos, voice, style, etc., depicting their characteristics and individuality. The individuality is being ruined due to the advent of the social media platforms. Social media has greatly affected the personal rights of celebrities which has become a major issue today. To sell the products/goods, the salesmen use the image or the resemblance of a celebrity without getting consent and gaining out of it as people tend to buy the products by being attracted to the resemblance of the celebrity. This paper looks into the history of personality rights, which allow people to control how their identity, including their name, image, voice, and persona is used commercially. It shows how these rights have developed through common laws and specific legal protections. In India, personality rights are protected by a mix of constitutional rules and particular laws, like the Indian Copyright Act, of 1957 and the Trademarks Act, of 1999. Important cases such as Rajagopal vs State of Tamil Nadu have shaped these protections, highlighting the need for consent and privacy. The paper also explores how personality rights overlap with Intellectual Property Rights (IPR), especially in areas like character, personality, and Image Merchandising. These practices involve using a celebrity's identity or a fictional character's image for commercial purposes, which raises complex legal and ethical questions about consent and payment. Social media has made it harder to protect celebrities' personal rights. Platforms like Facebook, Twitter, and Instagram can help promote celebrities but also often allow the unauthorized use of their personas. This paper looks at key cases like Titan Industries Ltd vs Ramkumar Jewelers, etc., to show the need for strong legal protection against the misuse of celebrity rights.

  IJCRT's Publication Details

  Unique Identification Number - IJCRT2406612

  Paper ID - 264085

  Page Number(s) - f471-f479

  Pubished in - Volume 12 | Issue 6 | June 2024

  DOI (Digital Object Identifier) -   

  Publisher Name - IJCRT | www.ijcrt.org | ISSN : 2320-2882

  E-ISSN Number - 2320-2882

  Cite this article

  Gowshini Athreya D,   "Impact of Social Media on Celebrity Rights In Relation With Intellectual Property Rights", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.12, Issue 6, pp.f471-f479, June 2024, Available at :http://www.ijcrt.org/papers/IJCRT2406612.pdf

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ISSN: 2320-2882
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Journal Starting Year (ESTD) : 2013
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ISSN and 7.97 Impact Factor Details


ISSN
ISSN
ISSN: 2320-2882
Impact Factor: 7.97 and ISSN APPROVED
Journal Starting Year (ESTD) : 2013
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