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.