Amidst this social media-driven, influencer-centric, celebrity-marketing phase of our lives, one of the hottest commodities has become personality. Be it a celebrity, athlete, digital creator — their face, name, voice and style are registered commodities. And that is why personality rights are increasingly more important in modern law, and in particular when it comes to brand endorsements and use in digital media.
It cannot be used without permission and the difference between fair use and likeness is murky, so to not face lawsuits and the bad publicity, startups, media agencies and content creators need to know the trespass lines.
What Are Personality Rights?
Personality rights refer to an individual’s legal right to control the commercial use of their identity — including their name, image, likeness, voice, signature, or other identifiable aspects.
They typically include two key components:
- Right to Privacy: Prevents unwanted intrusion or use of personal identity.
- Right to Publicity: Grants control over commercial exploitation of one’s persona.
These rights are especially relevant in brand campaigns, advertisements, movies, and digital content creation.
Why Personality Rights Matter for Brands and Startups
As brand endorsements become central to marketing strategies, using celebrity personas — even indirectly — can lead to legal issues if not done properly.
Common misuse includes:
- Mimicking celebrity voices in ads
- Using lookalikes or AI-generated replicas
- Referencing famous names or catchphrases without consent
- Using real images in memes, thumbnails, or content promos
To avoid these pitfalls, businesses should consult ipr law firms or media law experts who specialize in celebrity rights and endorsement agreements.
Brand Endorsement Legalities: What You Must Know
If you’re a brand planning to use a public figure’s likeness in any form, these legal points are non-negotiable:
1. Obtain Written Consent
Never use a celebrity’s image, voice, or name without clear written authorization. This applies to digital media, billboards, and even memes.
2. Draft Clear Endorsement Contracts
Engage a legal team or a reliable copyright law firm to outline:
- Scope of usage (online, offline, social media)
- Duration of rights
- Payment terms
- Exclusivity clauses
3. Follow ASCI and Media Law Guidelines
In India, the Advertising Standards Council of India (ASCI) and evolving media law set rules around endorsement transparency, misleading claims, and consent.
Legal Battles Around Personality Rights in India
Indian courts have seen a rise in personality rights litigation:
- Bollywood celebrities have sued brands for using their name or image without permission.
- Sports personalities have taken legal action against video games or ads that recreated their identity.
- Politicians and influencers have pursued cases around deepfakes or manipulated AI-generated visuals.
As legal awareness grows, brands must act cautiously — consulting trusted ipr law firms can prevent reputational and financial fallout.
Role of IPR and Copyright Law Firms in Managing Personality Rights
Here’s how legal experts help navigate this space:
• Risk Assessment – Evaluate if your campaign or content violates any identity rights
• Contract Drafting – Create robust endorsement, licensing, or usage agreements
• Litigation Support – Defend or file personality rights cases when needed
• AI & Digital Usage Guidance – Ensure compliance while using deepfake, voice cloning, or image recreation tools
Whether you’re a media house, YouTube creator, or e-commerce brand, legal consulting from experienced copyright law firms is your safety net.
Digital Media, AI & Personality Rights: A Growing Concern
The rise of AI has blurred lines even further:
- AI-generated voiceovers mimicking celebrities
- Deepfake videos used in memes or parody content
- Virtual influencers styled after real-life icons
These advancements are pushing lawmakers and media law professionals to establish clear frameworks for personality rights in the digital age.
Conclusion: Handle Personality Rights With Legal Precision
In today’s advanced digital world, respecting personality rights isn’t just about ethics — it’s a legal rquirments. Whether you’re a startup using influencer faces or a brand collaborating with public figures, protecting both parties’ interests is key to long-term trust and compliance.
Work with experienced ipr law firms like KAS & Co to draft, review, and manage your brand endorsement deals properly.
👉 Explore our services to safeguard your campaigns and keep your brand reputation clean.
FAQs: Personality Rights & Brand Legalities
1. What are personality rights in Indian law?
They refer to an individual’s legal control over the use of their image, name, voice, or likeness — especially in commercial contexts.
2. Can I use a celebrity’s image in a meme or promotional post?
Not without consent. Even memes can lead to legal notices if they involve monetization or public promotion.
3. How do ipr law firms help with brand endorsements?
They assist in drafting contracts, obtaining permissions, and handling legal disputes around endorsement usage and likeness rights.
4. Is media law in India strict about personality rights?
Yes, especially with the rise of digital content. Media law now covers deepfakes, AI use, and misleading brand campaigns.
5. What are the key risks of violating personality rights?
Brands may face lawsuits, fines, and takedown orders. It can also damage reputation and affect influencer relations.