How athlete personality/image rights are applied in India (Part 1)

In 2023-24, Indian courts have issued several landmark decisions shaping the protection of personality rights (also referred to as image rights), particularly in response to emerging technological challenges. Personality rights encompass the legal entitlements an individual holds concerning their personal attributes, including their name, likeness, voice, signature, catchphrases, facial expressions, and mannerisms.

Recent high-profile cases, such as the Anil Kapoor Case^[1] (where the court recognized actor Anil Kapoor’s right to control the commercial use of his likeness) and the Jackie Shroff Case^[2] (which explored the intersection of personality rights and modern digital culture), underscore the evolving landscape of personality rights. Similarly, the Arijit Singh Case^[3] has highlighted the challenges artificial intelligence poses in mimicking a celebrity’s voice and persona without consent.

These cases are particularly relevant for athletes, whose personal attributes - from their name and likeness to their performance statistics - have significant commercial value. With no specific legislation protecting image rights in India, athletes must navigate a complex web of judicial precedents and legal principles to protect their commercial interests.

This article provides a guide to personality rights for athletes in India, examining how courts have stepped in to fill the legislative gap. It explores the legal tools available to athletes for protecting their personality rights, analyses recent landmark decisions, and offers practical guidance for athletes and their management teams in an increasingly digital sporting landscape.

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

Table of Contents

• The Legal Framework Governing Personality Rights Globally
  • United Kingdom
  • South Korea
  • United States of America
  • Germany
• India’s framework around personality rights
  • Right to Publicity
  • Passing Off
  • Copyright Law
  • Trademark Law