Are Persona Rights of Athletes Protected in India? – SLPRR

[Author: Vanya Agarwal, student of law at Jindal Global Law School, India]

Final yr, the information of Indian shuttler PV Sindhu being the primary Indian lady to win two Olympic medals for the nation was flooding the social media and information channels.  Whereas the entire nation was celebrating the win, concurrently the headline “PV Sindhu takes 20 brands to court for using her name and image without permission” was being circulated. This sparked a much-needed dialogue within the Indian Sports activities Legislation neighborhood about Persona Rights of Athletes in India.

The sports industry accounts for more than 3% of the world trade. Because the introduction of Indian Premier League (‘IPL’), the sports activities trade has taken a flip in India and has turn out to be extraordinarily commercialized, with billions at stake. Every ingredient of sports activities is now a money-making alternative, be it broadcasting, merchandising, sponsorships, and many others. Due to their ability within the sport, their title, picture, voice, and likeness, the gamers have garnered a industrial worth for themselves. This varieties part of the persona rights of an athlete, which is an inextricable a part of the athlete, and might be utilized solely with the athlete’s permission. Contracting these rights are an enormous income churner for athletes, which might be thought-about as fruits of their labour and coaching to excellent their ability, in accordance with the labour idea beneath Mental Property Rights jurisprudence. These persona rights play an enormous function within the success of a services or products, as a result of a well-known athlete’s image or title has the potential to skyrocket the model’s revenues. The significance of persona rights might be highlighted by a state of affairs that occurred when Jose Mourinho left Chelsea and was appointed because the supervisor of Manchester United. It led to a huge dispute over his personality rights, as Chelsea owned multiple trademarks and other rights in his name. This led to Manchester United paying Chelsea an undisclosed, but most likely a handsome amount for these rights. If Manchester United wouldn’t have paid up, it might have meant that they’d not be allowed to make use of Jose Mourinho’s pictures, title, autograph and many others., as a part of their promotions.

India, like most nations around the globe, doesn’t have a separate statue governing persona rights. At present, the Mental Property Rights regime in India doesn’t outline persona rights and neither does it shield these rights instantly. In an effort to shield oneself, an athlete would often need to both trademark their title or take shelter beneath the widespread legislation precept of passing off, limiting the safety obtainable to them. The Promoting Requirements Council of India (‘ASCI’) additionally supplies a recourse to athletes, whose goodwill is perhaps monetized for the advantage of a 3rd get together, with out their permission. Below the ASCI code, commercials can’t comprise of reference to a different particular person, agency or establishment, with out their permission. Regardless that these guidelines present some degree of safety, they’re nonetheless unreliable, contemplating that the jurisdiction of the ASCI is contentious.

In contrast to the legislature, the Indian judiciary has been greater than receptive in the direction of the necessity for formal recognition of persona rights. Within the case of ICC Development (International)Ltd. v. Aarvee Enterprises & Anr, the Delhi Hight Court docket acknowledged that the roots of publicity rights are imbedded in Article 19 and 21 of the Indian Structure, and evolve from proper to privateness. The courtroom additional went on to present an instance, that if Sachin Tendulkar’s title/persona is ever utilized in connection to the ‘World Cup’ with out his permission then he would have a legitimate explanation for motion. The Delhi Excessive Court docket, in Titan Industries Ltd. v. Ramkumar Jewellers, additionally acknowledged {that a} well-known persona shall have the best to manage when, the place and the way their id is used and such proper ought to vest with the well-known persona. Different landmark circumstances in relation to persona rights would come with, Sourav Ganguly v. Tata Tea Ltd. whereby the courtroom offered reduction to Sourav Ganguly and said that his recognition and persona type part of his mental property, which can’t be used to spice up sale of tea packets, with out his permission.

Regardless that the Indian Courts proceed to acknowledge persona rights as and when claims come up, it nonetheless leaves a degree of uncertainty as to the result of those claims, contemplating there may be nonetheless no Supreme Court docket judgment particularly recognizing the identical. With the rising commercialization of sports activities, a statue recognizing persona rights is required now, greater than ever. India ought to comply with the footsteps of nations like Brazil, the place the Brazilian Federal Constitution protects personality rights and specifies that it can only be exploited by a third party via an assignment agreement. India has an extended method to go relating to formal recognition of persona rights, however sport personalities like PV Sindhu recognizing their rights and holding the violators accountable is unquestionably a step ahead in the best course.

(Be aware: The time period Persona rights, Publicity Rights and Picture Rights are used interchangeably relying on the jurisdiction)

*For any question, suggestions, or dialogue, Vanya might be contacted at [[email protected]]

*NOTE- The opinions and views expressed on this article are that of the Writer(s) and never of SLPRR- the expressed opinions don’t, in any method in any respect, replicate the views of any third get together, together with any establishment/organisation that the Writer(s) is/are at present related to or was/have been related to prior to now. Moreover, the expressions are solely for informational and academic functions, and should not be deemed to represent any type of recommendation. The hyperlinks on this weblog may take you to webpages operated by third parties- SLPRR doesn’t assure or endorse the accuracy or reliability of any data, knowledge, opinions, recommendation, statements, and many others. on these webpages.

PREFERRED CITATION: Vanya Agarwal, Are Persona Rights of Athletes Protected in India, SLPRR <https://sportslawandpolicyreviewreporter.com/?p=1980(opens in a brand new tab)> June 22, 2022.