With respect to India, personality rights are protected under which of the following?

Article 17 of the constitution

Article 21 of the constitution

Copyright Act, 1957

Indian Trademarks Act, 1999

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Question

Personality rights consist of two types of rights, the right of publicity and the right to privacy.
The right of publicity, or the right to keep one’s image and likeness from being commercially exploited without permission or contractual compensation, which is similar (but not identical) to the use of a trademark.
The right to privacy or the right to not have one’s personality represented publicly without permission.
However, under common law jurisdictions, publicity rights fall into the realm of the ‘tort of passing off’.
Passing off takes place when someone intentionally or unintentionally passes off their goods or services as those belonging to another party.
The closest statute to protect personality rights is Article 21of the Constitution of India under rights to privacy and publicity.
Other statutory provisions protecting personality rights include the Copyright Act, 1957.
The Indian Trademarks Act, 1999also protects personal rights under Section 14, which restricts the use of personal names and representations.
Further, the Delhi High Court in its judgment in Arun Jaitley vs Network Solutions Private Limited and Ors Case (2011) observed that the popularity or fame of an individual will be no different on the internet than in reality.

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Only 2, 3 & 4

Personality rights consist of two types of rights, the right of publicity and the right to privacy.
The right of publicity, or the right to keep one’s image and likeness from being commercially exploited without permission or contractual compensation, which is similar (but not identical) to the use of a trademark.
The right to privacy or the right to not have one’s personality represented publicly without permission.
However, under common law jurisdictions, publicity rights fall into the realm of the ‘tort of passing off’.
Passing off takes place when someone intentionally or unintentionally passes off their goods or services as those belonging to another party.
The closest statute to protect personality rights is Article 21of the Constitution of India under rights to privacy and publicity.
Other statutory provisions protecting personality rights include the Copyright Act, 1957.
The Indian Trademarks Act, 1999also protects personal rights under Section 14, which restricts the use of personal names and representations.
Further, the Delhi High Court in its judgment in Arun Jaitley vs Network Solutions Private Limited and Ors Case (2011) observed that the popularity or fame of an individual will be no different on the internet than in reality.

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