Can Using Celebrity's Image Violate Personality Rights When Copyright Vests With Photographer? Delhi High Court Asks

The Delhi High Court on Monday orally asked if clicking a celebrity's photograph and using it will amount to violation of personality rights, especially when copyright in the image will belong to the person clicking it.

Justice Anup Jairam Bhambhani posed the question while hearing a suit filed by Aaradhya Bachchan seeking protection of her personality rights.

“As far as copyright is concerned, there has to be a work. What is the work? A person can photograph Taj Mahal but not the celebrity? If a person takes a photograph of a celebrity and uses it. The conventional law says that copyright in that photograph belongs to the photographer. If the copyright belongs to the photographer and he uses that image, it becomes violation of a person's personality rights?” the Court asked Advocate Pravin Anand appearing for Bachchan.

To this, Anand responded that such use will amount to violation of a celebrity's personality rights, with one exception i.e. when the photograph is taken at the instance of the celebrity.

“You may be owner of copyright but you won't be entitled to use it yourself. You will have to get clearance of personality rights,” he said.

At the outset of today's hearing, the Court, which is seized of various suits filed by celebrities, influencers etc, said that it will first deal with and decide three matters and segregate them from the rest of the batch.

The Court said that it will first decide the issues involved in the suits filed by Aaradhya Bachchan, Vivek Oberoi and Jhanvi Kapoor. It said adding more matters to the batch may complicate the case.

“I am not willing to expand the batch. I am willing to post (rest of the matters) subsequently. I will hear and set down (the principles) in only three matters,” Justice Bhambhani said.

The Court accordingly re-notified the rest of the matters for further proceedings as per the schedule set by the joint registrar.

The batch concerning three suits will now be heard on Wednesday.

For context, Justice Bhambhani had earlier appointed Advocate Gautam Bhatia as amicus in Kapoor's suit whereas Advocate Rohan Alva has been appointed as amicus in Oberoi's case.

Title: Janhvi Kapoor v. John Does & Ors & other connected matters