Beyond Reality Drama Pvt. Ltd., a production company, conceptualised a television show titled "Jadu Ki Nagri" with strong animation content. The foundational idea was formally documented in a concept note and registered

Answer 3(a) A recent decision on Protection of personality right under Copyright Act by Delhi High Court is Aishwarya Rai Bachchan (Plaintiff) Versus Aishwaryaworld.Com & Ors (Defendants) Delhi High Court CS(COMM) 956/2025 judgement dated September 09, 2025 on Unauthorized Exploitation of the Attributes of An Individual's Personality, Which in Turn Leads to Undermining Right to Live with Dignity. Hon'ble Delhi High Court inter alia referred to the case of Anil Kapoor v. Simply Life India, 2023 SCC OnLine Del 6914 , wherein Delhi High Court observed that a celebrity's right of endorsement acts as a major source of livelihood for the celebrity and any attribution of their persona without their consent is impermissible in law. The Court held as under: "Fame can come with its own disadvantages. There can be no doubt that free speech in respect of a well-known person is protected in the form of right to information, news, satire, parody that is authentic, and also genuine criticism. However, when the same crosses a line, and results in tarnishment, blackening or jeopardises the individual's personality, or attributes associated with the said individual, it would be illegal. There can be no justification for any unauthorised website or platform to mislead consumers into believing that they are permitted to collect fee by incorrectly portraying that they can bring the Plaintiff as a motivational speaker. Using a person's name, voice, dialogues, images in an illegal manner, that too for commercial purposes, cannot be permitted. The celebrity's right of endorsement would in fact be a major source of livelihood for the celebrity, which cannot be destroyed completely by permitting unlawful dissemination and sale of merchandise such as t-shirts, magnets, key chains, cups, stickers, masks, etc. bearing the face or attributes of their persona on it without their lawful authorisation." Personality Rights of individuals, simply put, entail the right to control and protect the exploitation of one's image, name, likeness or other attributes of the individuals' personality, in addition to the commercial gains that can be derived from the same. Personality Rights can be located in the individuals' autonomy to permit or deny the exploitation of the likeness of other attributes of their personality. When the identity of a famous personality is used without their consent or authorization, it may not only lead to commercial detriment to the concerned individual but also impact their right to live with dignity. In other words, the unauthorized exploitation of the attributes of an individual's personality may have two facets - first, violation of their right to protect their personality attributes from being commercially exploited; and second, violation of their right to privacy, which in turn leads to undermining their right to live with dignity. The Courts in such cases of unauthorized exploitation of one's Personality Rights, cannot turn a blind-eye to the same and shall protect the aggrieved parties so as to avert any harm to them resulting from the said unauthorized exploitation. The relevant provisions of the Copyright Act, 1957 that Courts usually rely on to safeguard Personality Rights of celebrities are Section 38, 38A and 57. Sec 38 establishes that any performer who engages in a performance holds a special legal claim known as the Performer's Right which prevents others from making sound or visual recording of a live performance without his/her explicit consent. Added by the 2012 Copyright Amendment Act, Section 38A itemises specific and exclusive economic rights the performer holds regarding the performances. Performers also have a right to royalties when their performances are exploited for commercial purposes. Section 57 guarantees Moral Rights independent of the author's copyright and it includes Right to Paternity, Right to Integrity of the work and Right to Divulgation.