Published Paper Details:

In the last decade Indian Entertainment Industry has seen tremendous growth right from its range of blockbuster content in Cineplexes and OTTs (Over-the-top media services platforms) to the emergence of dynamic individual artists in all sectors of media. This robust commercial growth of the industry has revolutionized the status of the personalities associated with these industries given the massive influencing power and the well-known status to these individuals known as celebrities. The right to publicity, popularly known as personality rights, in its most basic sense is the right to protect, control, and profit from one's image, name, or likeness. There are two discernible facets of publicity rights: first, the right to protect one's image from being commercially exploited without permission, by treating it as a tort of passing off; and second, the right to privacy which entails one's right to be left alone. In India, Personality rights are dealt with within the ambit of Intellectual Property Rights as it was only until recently through the Puttuswamy Judgement in 2017 that the Right to Privacy was declared as a fundamental right Thus, there has been very little development of the right to publicity as a facet of right to privacy in India. As Personality Rights provide well-known individuals or celebrities with the right to safeguard their likeness from being unlawfully exploited by third parties without consent or authorization, at the same time today's contemporary advancements in technology, notably Artificial Intelligence (AI), have ushered in the peril of such rights being compromised through the proliferation of deepfakes. Deepfake technology produces convincing fake media by manipulating visuals and audio using deep learning algorithms. Deepfakes may simulate the behaviors and traits of certain people, including actions or words, by studying and imitating their mannerisms and traits. The advancement of technology has made it difficult to differentiate between authentic and fraudulent content, giving rise to moral dilemmas and potential legal ramifications. This paper will explore the concept and evolution of personality rights /celebrity rights in India, how they differ from the rights associated with an ordinary person whilst comparing the origin and framework of Personality rights in the United States throwing a light on how it has evolved compared to India. This paper will also briefly focus on the emerging threat of the AI- technology of deep fakes its impact on the Entertainment Industry and how it has begun to impact the personality rights of individuals.