Your Personality Rights: Can Someone Make Money Using Your Name or Face Without Permission?

Imagine waking up to find a film being made about your life—using your name, your story, your reputation—without anyone asking you first. Or discovering your photograph on a product advertisement you never agreed to. Can they do that? The short answer: usually, no.

Recent news has brought the issue of personality rights back into public conversation. A well-known public figure approached the court claiming that filmmakers were unlawfully using his identity and story without consent, potentially damaging his reputation and commercial interests. While we cannot name individuals, the legal principle at stake affects all of us—celebrities and ordinary citizens alike.

What are personality rights?

Personality rights, also called rights of publicity, mean you have legal control over the commercial use of your name, image, likeness, voice, and other aspects of your identity. In India, these rights are protected under the common law right to privacy and also under trademark law in some cases. The law recognises that your identity has value, and no one should profit from it without your permission.

These rights exist whether you are famous or not. If a company uses your photograph in an advertisement without asking, or if someone creates a fake social media profile using your pictures to sell products, they are violating your personality rights.

Who is most at risk?

Celebrities and public figures face the highest risk because their names and faces have clear commercial value. Advertisers, filmmakers, and manufacturers often want to associate products with famous personalities. But ordinary people can be affected too—especially in the age of social media, where photographs and videos spread quickly and can be misused for commercial gain.

What does the law protect?

Indian courts have recognised that you can take legal action if someone:

1. Uses your name, photograph, or likeness in advertisements or products without permission

2. Creates films, books, or other commercial works that exploit your identity or life story without consent

3. Falsely suggests you endorse a product or service

4. Uses your identity in a way that harms your reputation or causes financial loss

The protection is stronger if you can prove the use was commercial—meaning someone was making money from your identity. Courts have awarded damages and ordered defendants to stop the unauthorised use.

What about freedom of expression?

This is where it gets nuanced. Personality rights must be balanced against freedom of speech and expression. If someone writes a biography, creates a documentary, or reports news about a public figure, that is generally allowed even without explicit consent—provided it serves a legitimate public interest and is not primarily commercial exploitation.

The key question courts ask: Is this genuine artistic expression, journalism, or satire? Or is it commercial exploitation disguised as creative work? A film that honestly explores social issues might be protected. A film that simply cashes in on someone's fame and controversy might not be.

What can you do if your personality rights are violated?

If you discover unauthorised commercial use of your identity, you have legal options:

First, send a legal notice demanding they stop and remove the content. Often this is enough to resolve the matter without going to court.

If that fails, you can file a civil suit seeking an injunction to stop the use immediately and claim monetary damages for any harm caused—including loss of reputation, mental distress, and lost commercial opportunities.

In some cases, particularly involving defamation or criminal intimidation, you might also have grounds for a criminal complaint.

For celebrities and public figures, the damages can be substantial because courts recognise the commercial value of their brand. For ordinary citizens, the focus is usually on stopping the misuse and compensation for distress or reputational harm.

The bottom line

Your name, face, and identity belong to you. No one has the right to use them for commercial purposes without your clear consent. Whether you are a public figure or a private citizen, the law protects your personality rights.

If you believe someone is exploiting your identity without permission, especially for commercial gain, do not ignore it. Document the misuse, preserve evidence, and consult a verified advocate on Lex Now to understand your options and protect your rights.

This article is general legal awareness, not legal advice. Laws change and every case is different — consult a verified advocate on Lex Now for guidance on your situation.

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