Publicity Rights in India- A Presentation by Dr. Kalyan C. Kankanala
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Transcript of Publicity Rights in India- A Presentation by Dr. Kalyan C. Kankanala
PUBLICITY RIGHTS IN INDIA
ByDr. Kalyan C. KankanalaVisiting Faculty,National Law School of India University, Bangalore. www.bananaip.comBlog: www.bananaip.com/sinapse-blog
Publicity Rights
Right to prevent commercial use of one's persona
Persona includes name, signature, voice, etc.
Right inheres only in celebritiesPublic recognition
Publicity Rights
Unauthorized use of persona Commercial gain Exception - Free Speech and
Expression
Daler Mehndi First album, Bolo Tara Ra Ra,
sold 20 million copies making it the best selling non-soundtrack album, in Indian music history.
1998: Tunak Tunak Tun is a rage on the Internet then and declared a cult hit by BBC.
Daler Mehndi in the World of warcraft- adopted Mehndi’s popular Tunak Tunak Tun track & bhangra moves into the Game.
VIDEO 1
Daler Mehndi’s Case
Gift shops selling dolls Daler Mehndi's persona Moved like him Also sang a few lines of his
song
VIDEO 2
Daler Mehndi’s Case
Decision
Publicity Rights Violation False Endorsement Passing Off
Publicity Rights Vs. Free Speech
Proportionality Test Impact on Celebrity Vs.
Legitimate Interests of Public
Drawn from privacy
Hypothetical A Online Computer
Game - BaseBall World Cup -
Between Nations Current National
Players in teams Specific Attributes
of players Can record games
Proportionality test?
Photographer: Hubbard, Tom, 1931
Photographer: Jones, Leslie, 1886-1967 Baseball League - Between Clubs Buy Players and play matches
online Sign endorsements for ads during
matches Proportionality Test?
Hypothetical B
Issues/Solutions
Publicity Rights/Free Speech Interface
No National Law Passing Off