Rajit Aggarwal (Self employed) 25 September 2014

Personality rights

Recently Rajinikanth filed a case to stop release of a movie based on him. One of the arguments he may use is that his image/ personality etc are his copyright. My question is related to such acts. Let's say I get a t-shirt printed with an image of Rajinikanth and sell it publicly. Also, lets assume the t-shirt in no way disrespects him but is a form of a nice tribute. And I am using respect in a general way - lets skip any arguments related to a definition of respect. Is that allowed under Indian Copyright Law or Personality/ Property law?

There are a lot of people who are printing 'Fan T-shirts' of sports stars as well. Are they not violating any law?

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Hardeep (Business) 27 September 2014

Any use of an image / photograph without permission can invite privacy suits. Right of Publicity has been held to be a part of Right of privacy.

See : R.R. RajaGopal v. State of Tamil Nadu, (JT 1994 (6) SC 514)

Where held :

the first aspect of this right must be said to have been violated where, for example, a person’s name or likeness is used, without his consent, for advertising – or non-advertising – purposes or for any other matter

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