Personality Rights of Artists in India: When Identity Becomes Intellectual Property

Personality Rights of Artists in India: When Identity Becomes Intellectual Property

In the vibrant tapestry of India’s media and entertainment landscape, artists are not just creators, they are brands. Their name, image, voice, catchphrases, style, and persona carry immense cultural and commercial value. But unlike a painted canvas or a recorded song, a person’s identity doesn’t fit neatly into traditional intellectual property boxes. This is where the evolving notion of personality rights steps in that is a blend of dignity, reputation, and economic worth.

What Are Personality Rights, and Why Do They Matter?

Simply put, personality rights allow an individual, particularly an artist, celebrity, or public figure to control the commercial use of their identity. This includes:

• Name
• Photograph or likeness
• Voice or catchphrases
• Distinctive gestures or performance styles
• Brand associations tied to persona

These rights ensure artists are not commodified without consent, especially in an age where digital platforms, AI, and social media can instantly repurpose visuals and voices. The goal isn’t to silence creativity or commentary but to prevent unauthorised commercial exploitation that misleads audiences or siphons off an artist’s hard-earned brand value.

Legal Roots in India: A Blend of Law and Judicial Ingenuity

India doesn’t have a statute titled “Personality Rights,” but protection arises from a patchwork of legal doctrines:

• Constitutional right to privacy and dignity (Article 21): courts treat unauthorised commercial use of identity as an affront to personal dignity and economic rights.
• Copyright Act, 1957: while it protects creative works, Sections like 38A/38B grant performers rights over the recording and broadcast of performances; and moral rights guard reputation against derogatory distortions.

What emerges is a judicially moulded doctrine that recognises: identity can be property too, especially when exploited for profit without permission.

Real Cases That Resonate with Today’s Digital World

Recent Indian court actions reveal how personality rights are now shaping entertainment law in real time:

• R. Madhavan (2025) – The Delhi High Court restrained websites and platforms from using his name, images, or related content without consent, highlighting increasing digital misuse concerns.
• Asha Bhosle (2025) – Bombay HC granted interim protection against AI platforms that allegedly cloned her voice and sold merchandise using her identity—a striking early clash between personality rights and generative AI.
• Aishwarya Rai Bachchan & Abhishek Bachchan have moved courts to protect their likeness and prevent deepfake and misleading AI content and endorsements.

These cases show something profound: the identity economy in India has matured. Artists are no longer just fighting fake ads or piracy, they’re defending how AI, memes, merchandise, and digital culture use their very selves.

In the end, personality rights in India are about respect and value. Respect for the artist as a human being, and value for the intangible cultural and commercial capital embedded in their identity. As technology evolves, these rights will only become more indispensable, a reminder that in the entertainment world, identity itself has become intellectual property worth protecting.