Conclusion

In the markets, using the unique traits of characters for advertising purposes, the characters are frequently moving to the courts to get compensation whenever their features are used without explicit contractual agreements. Though some of the IP laws like copyright law and trademarks law may protect the characters against their unauthorised commercial exploitation, however, this protection is inadequate and uncertain. This book discusses the statutory provisions of the IP laws that can protect the rights of characters. Apart from the intellectual property rights, the right of publicity acts as a significant tool that provides individuals the right to control the use of their persona. The right of publicity has not been accepted and recognized in all the countries. Nonetheless, of late, courts worldwide have begun to recognize this right. It can be found that the Indian courts have significantly been relying upon the US courts’ interpretation of the right of publicity. As it has already been acknowledged that there is no specific legislation governing the commercial exploitation of characters in any country of the world, this work brings out the conflicting areas between various existing intellectual property laws and protection of characters.