International Journal of Research in Arts and Science

Impact Factor: 0.387 | International Scientific Indexing(ISI) calculate based on International Citation Report(ICR)


Protection of Right to Privacy under IP Laws with Special Reference to Women Celebrities: Issues and Challenges

Dr.G. Subhalakshmi


Abstract:

The celebrities flaunt their popularity and identity to make riches. And the rights of these celebrities have been abused by others to a great extent. Celebrity rights are often encroached by media and the significant law in regulating the media is the Intellectual property rights law regime. In the last few decades, there have been a great number of litigations in this context. While the latest decision opens up different aspects, this paper analyzes the decisions of judiciary and is a conceptual study relying upon the books, articles. It tries to bring out various issues relating to celebrity rights more fully. The landmark decision of the Apex Court delivered on August 24, 2017 in K.S.Puttuswamy Vs. Union of India (2017) has yet again proved the multi-dimensionalism of Article 21 of our Constitution. This judgment has clarified the long existing uncertainty of right to privacy. Though the previous smaller benches of the Supreme Court have proceeded on the assumption of right to privacy as fundamental, there have been conflicting ruling like the Kharak singh case (1962) where the court decided that privacy not a fundamental right under the Constitution. In the contemporary media era, etre c?l?bre (to be famous) has become an aspiration to many. Women and intends to discuss the impact of right to privacy on personality rights of women celebrities and protection of same through the Intellectual property laws. This conceptual chapter addresses the aforesaid aspects through a systematic review.

Keywords: Right to Privacy, Women, Celebrity Rights, Personality Rights, Media, Intellectual Property Rights.

Volume: 5 | Issue: Women Empowerment Leadership and Socio-Cultureal Dimensions

Pages: 174-186

Issue Date: March , 2019

DOI: 10.9756/BP2019.1001/18

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