What Are My Rights If A Company Misuses My Image Or Name For Commercial Purposes?

Think of waking up to find that your voice, image, or even your name has been used in any type of advertisement and the people behind the advertisement have not got any permission from you. This can affect your name, violate your privacy, or even provide you with some financial damages. The law provides for this type of injury, commonly referred to as publicity rights (or personality rights, or celebrity rights).

Publicity rights mainly work to protect the person’s name, image, likeness, voice, as well as the identity from commercial use without the consent of the individual. These particular rights are not just for the celebrities; it is for every person.

Assume a company assumes your image or name without your consent. It is counter to your intellectual property rights and privacy rights, which protect your dignity, reputation, and economic interests.  

Why Protecting Your Image and Identity Is So Important?

1. Risk of Unwanted Endorsements

• Celebrities make a large income out of brand endorsements. Using their photo without their consent causes direct harm to their reputation and earning capabilities. 
• Example from experience: There are cases where a local jeweller printed celebrity photos on banners without contracts. The court stepped in, and the celebrity won damages.

2. Even Ordinary People Face This Issue

• This isn’t limited to Bollywood stars or cricketers. Everyday individuals, like a student whose Instagram photo was lifted for an online clothing advertisement, can also be victims.
• In one client case: A private coaching institute used a student’s testimonial and photo without permission. The student filed for injunction and compensation, and the misuse had to stop immediately.

How Indian Law Protects You?

Your Constitutional Rights

• Right to Privacy (Article 21 of Indian Constitution): It has been held by the court that giving persons the right to control the use of their particular image, name, and any other personal information invades their right to privacy.
• Freedom of Expression (Article 19(1)(a) of Indian Constitution): The liberty to disseminate ideas as well as any kind of opinions must be balanced against the right of the individual to not be used for any kind of commercial exploitation.

Intellectual Property Safeguards

• As per the Trademark Law: One can register his or her particular name or signature as a trademark to prevent its misuse in the public domain.
• As per the Copyright Law: It usually protects your photographs, videos, and any kind of artwork. In case of any copy, infringement can be claimed before the Court of law.

Example: An influencer based in Delhi trademarked her brand name to stop companies from wrongfully using the name in fake promotions. 

What Courts Have Said: Real Cases That Matter

• Titan v. Ramkumar Jewellers (2012): The High Court in this case has prohibited Ramkumar Jewellers from using the images of Amitabh and Jaya Bachchan’s without their consent or will. 
• Rajinikanth Case (2015): The High Court of Madras prohibited the use of his personal name as well as the style in films without any consent. 
• ICC Development Case (2003): The case prohibited businesses from taking advantage of cricket events and celebrity endorsement. 

These judgments show that courts strongly protect individuals against identity misuse.

What to Do Immediately If Your Image or Name Is Misused?

Here are the steps our clients have successfully taken in situations like this:

• Collect Proof: Save the advertisement, do a screenshot of the misuse, and gather evidence.
• Send a Legal Notice: Demand from the company that it ceases its activities forthwith.
• File for Injunction: To get an order of the court restraining further infringement.
• To Claim Damages: This rectifies the loss of, among other things, dignity, privacy, and income.
• Alternatively, Registration: To name or to register a logo, celebrities and influencers most commonly use registration. 

First-hand note: In one case, a model’s portfolio image was used by a clothing brand without consent.  

Why India Needs a Clearer Law?

Unlike the USA, where publicity rights are a defined statute, India relies on privacy and IP laws pieced together. With the rise of social media, AI-generated deepfakes, and influencer culture, misuse cases are growing. A dedicated Publicity Rights Act would provide stronger and faster remedies.

Key Takeaway

Publicity rights not only just protect the celebrities but every individual’s dignity and as well as their identity. If a company misuses your photo, name, or voice without your permission:

• Act fast
• Collect evidence
• Seek an injunction
• Claim compensation

Do not ignore misuse. Protect your identity the way you would protect your property.

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. Can I file a criminal case if a company misuses my photo?

Yes, if it defames or cheats you, you can also file a criminal complaint under the Indian Penal Code apart from civil remedies.

2. What type of document do I need to show misuse of my image or name?

Screenshots, photocopies of the advertisement, links, photographs, or any printed matter showing unauthorized usage are good evidence in court. 

3. Can a company use celebrity lookalikes in advertisements legally?

No. Courts have held that even lookalikes or voice imitations can amount to passing off and violation of publicity rights if they mislead the public.

4. Can social media companies also be liable if someone misuses my image in an advertisement? 

Platforms may be required to take down the infringing content upon notice, but the primary liability lies with the company that misused your image.