Sarcouncil Journal of Arts and Literature Aims & Scope

Abstract: This contribution offers a comparative overview and synthesis of the current state of personality rights protection. Rather than aiming for an exhaustive analysis, it provides a snapshot of the legal landscape across different jurisdictions. The primary objectives are to summarize, systematize, and critically engage with existing literature, while also highlighting specific doctrinal and practical challenges. In doing so, the discussion seeks to lay the groundwork for more detailed inquiries into particular aspects of personality protection. Key themes explored include the recognition and foundational principles of personality rights, the extent of their protection, the interplay between the general right to personality and more specific personality rights, and the conceptual nature of personality and related harm. Additionally, the study addresses the classification of personality rights, their demarcation from patrimonial rights, their status as human rights, and the scope of post-mortem and corporate personality protection. Personality rights are situated within an evolving jurisprudential framework concerned with safeguarding individual identity and personal attributes. Among these, the right of publicity pertains specifically to the protection of one’s identity, existence, and likeness against unauthorized imitation and commercial use. Although this area of law has historical roots, it has recently attracted renewed attention due to advances in artificial intelligence, which have introduced novel dimensions of risk and exploitation. Judicial interpretations have increasingly recognized personality rights as an extension of the right to privacy. In the absence of dedicated legislation, Indian courts have drawn upon existing intellectual property regimes such as trademark and copyright law as well as constitutional provisions, to adjudicate disputes and offer remedies.