How have Indian Courts decided so far?
Anil Kapoor had moved the Delhi High Court in a civil suit seeking protection of his personality- his name, photographs, manner of speaking, gestures etc. He also claimed protection of his copyright in the dialogue and in the image and other associated works.
Kapoor’s lawyer, intellectual property rights specialist Pravin Anand argued that several defendants had misappropriated Kapoor’s name and elements of his persona to earn profits. For example, the expression “Jhakaas”, Kapoor’s trademark dialogue is a Marathi slang word but is popularised by Kapoor in Hindi films. The lawyer cited news reports stating that the manner in which Kapoor delivers the expression is exclusively associated with him.
Anand distinguished the unauthorised use from “fair use.” A fair use would be for example depiction in news, teaching material or other non-commercial uses or even artistic uses like mimicry or satire which is a copy but not mere reproduction. However, if a third-party uses it to profit from it, it cannot be termed fair use.
Ishaani
Cricket
6