Your Face, Your Fame, Your Fortune: The Law of the Right to Publicity

Abstract

The Right to Publicity has emerged as a significant legal concept in the protection of an individual’s identity against unauthorised commercial exploitation. An individual’s name, image, voice, likeness, and other distinctive attributes may possess substantial commercial value, yet their use without consent raises serious concerns regarding privacy, dignity, autonomy, and intellectual property. This paper examines the evolution and legal recognition of the Right to Publicity, with particular emphasis on the Indian legal framework and its comparative development in the United States and the European Union. In India, the right has primarily developed through judicial interpretation as an extension of the Right to Privacy under Article 21 of the Constitution, supported by principles of intellectual property protection and the common law of passing off. Landmark judicial decisions, including ICC Development (International) Ltd. v. Arvee Enterprises, D.M. Entertainment Pvt. Ltd. v. Baby Gift House, and Titan Industries Ltd. v. M/s Ramkumar Jewellers, illustrate the judiciary’s efforts to prevent the unauthorised commercial appropriation of personal identity. The paper further analyses emerging challenges arising from social media, artificial intelligence, deepfakes, digital avatars, and virtual platforms, which have made the reproduction and commercial exploitation of personal identity increasingly accessible and difficult to regulate. It also examines the tension between publicity rights and constitutionally protected freedoms of speech and expression, artistic creativity, satire, and legitimate public discourse. Adopting a doctrinal and comparative approach, the study argues that India’s existing fragmented legal framework requires greater clarity and consistency. It recommends the enactment of dedicated legislation defining the scope of publicity rights, establishing effective remedies, and incorporating appropriate safeguards for freedom of expression. The paper ultimately emphasises the need to balance commercial interests with individual dignity, technological innovation, and the fundamental principle that every person should retain meaningful control over the commercial use of their identity.