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Krishna Kishore Singh vs Sarla A Saraogi & Ors. on 10 June, 2021

Plaintiff claims that such rights are inheritable by the legal heirs of a celebrity. He has relied upon the judgment of the Gujarat High Court Kirtibhai Raval (supra) to contend that celebrity rights can be transferred to a direct descendant. The case law has thus been examined by this Court at length. Therein, the Plaintiff, claiming to be direct descendant of late Shri Jalaram Bapa of Virpur, set up a case based on the right to privacy and right of publicity. He sought injunction against publishing any film or artistic work on the life of late Jalaram Bapa, without his consent. Defendants claimed that they had based their film on a pre-published book on the deceased's life. While the court upheld the injunction granted by the trial court, on the consideration that irreparable harm will be caused by violation of right to publicity or privacy which cannot be compensated monetarily, but it also took the view that the contentions raised by the parties required detailed consideration upon leading appropriate evidence. The Court thus did not delve into rival contentions, noting that the right of privacy and publicity urged therein was a triable issue. It felt that the questions of whether the documentary evidence on record as relied upon by the defendants can be considered 'public record', and whether any authentic record was available on the life or incidents as mentioned in the book, would be required to be considered in detail upon leading evidence at the appropriate stage. Thus, in the eyes of this Court, this judgment does not say much on posthumous rights of a celebrity, and does not advance the proposition canvassed by the Plaintiff.
Delhi High Court Cites 35 - Cited by 2 - S Narula - Full Document
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