How athlete personality/image rights are applied in India (Part 2)

Part 1 of this article discussed the treatment of personality rights in different jurisdictions internationally and in India. This Part 2 discusses the recent cases in India evolving the concept of personality rights with the various technological changes over the last few years.

As is evident from the discussion on the legal framework above, while there is no statute that protects the personality rights of individuals in India, various legal principles do safeguard an individual’s rights concerning the use of their name, image, or likeness.

Table of Contents

• Importance of protecting the brand value of an athlete
• The Rario case and limits on athletes’ personality rights
  • Unauthorised digital player cards ruled to be not infringing on players’ personality rights
  • Publicly available information is protected by the fundamental freedom of speech & expression
  • Original artwork did not use any of the player’s rights
  • Right to publicity is not an absolute right
  • Comment on the decision in the Rario case
• Can freedom of speech take precedence over an athlete’s personality rights
• How athletes can protect their rights in India
• Key takeaways on athlete personality rights in India