Can platforms be sued for unauthorized use of celebrity images in product listings or ads?

The unauthorized use of celebrity images in product listings or advertisements is a serious legal issue that can lead to significant legal consequences for e-commerce platforms and advertisers. Celebrities have exclusive rights over their images and likenesses, and the unauthorized use of these elements can violate their intellectual property rights or right of publicity. In India, both platforms and third-party sellers who misuse celebrity images without consent can face legal action under various laws, including intellectual property laws and consumer protection laws.

Legal Protections for Celebrity Images in India

• Right of Publicity: In India, celebrities have a right of publicity, which allows them to control the commercial use of their name, image, likeness, or voice. This is especially relevant in the context of advertisements and product promotions. The right of publicity is not explicitly codified in Indian law but is protected under the common law, which draws upon tort law principles. A celebrity can claim infringement if their image or likeness is used for commercial purposes without permission.
• Example: If an e-commerce platform uses a celebrity’s photo to advertise a product without consent, the celebrity can file a case against the platform for violating their right of publicity, claiming that they have used their image for commercial gain without authorization.

Trademark and Copyright Law

• Trademark Protection: Celebrity images may also be protected by trademark law if they are used in branding or for endorsements. If a celebrity’s image is used to promote a product, and the celebrity has trademarked their likeness, any unauthorized use can lead to trademark infringement.
• Copyright Protection: In some cases, the photographer who owns the rights to an image may also have copyright over the photo. If a celebrity’s image is used without the photographer’s consent, this could result in copyright infringement.
• Example: If an online store uses a photograph of a celebrity in a product ad without permission, the photographer who holds the copyright over the image, as well as the celebrity, can sue the platform for copyright infringement and misuse of likeness.

Consumer Protection Laws

• Consumer Protection Act, 2019: The Consumer Protection Act, 2019, particularly under the E-Commerce Rules, 2020, mandates that e-commerce platforms provide truthful and accurate information to consumers. Misleading advertisements, such as those involving unauthorized use of a celebrity’s image to falsely imply endorsement, can lead to claims of unfair trade practices.
• Consumer Confusion: If a celebrity’s image is used in a misleading way that suggests they endorse a product when they have not, it can lead to consumer confusion and complaints under Section 2(47) of the Consumer Protection Act.
• Example: If a clothing brand uses a celebrity’s image to promote its products without the celebrity’s consent, and the product does not meet the consumer's expectations based on the celebrity’s image, consumers could file complaints with the Consumer Protection Authority.

Legal Actions That Can Be Taken Against Platforms Using Unauthorized Celebrity Images

• Civil Lawsuits for Infringement of Right of Publicity: Celebrities can file a civil lawsuit against the platform for unauthorized use of their image. This includes seeking compensation for damages caused by the illegal commercial use of their likeness. Courts may award monetary damages, as well as injunctive relief to stop the platform from further using the celebrity’s image without consent.
• Example: A Bollywood actor whose image is used by a fashion retailer to sell products can sue the platform for damages and demand that the image be removed from all advertisements.

• Intellectual Property Infringement Lawsuit: If a celebrity's likeness is trademarked or associated with specific endorsements, they can take legal action for trademark infringement. Celebrities with their brand or logo associated with particular products or services can sue if platforms use their image without permission, potentially causing brand dilution or consumer confusion.
• Example: A celebrity with a clothing brand might sue a platform for using their image to sell a competing brand's products without permission, leading to a loss of exclusivity and consumer trust.

• Copyright Infringement: Celebrities can also take legal action under copyright law if their photographic image is used without the permission of the copyright holder (the photographer or the celebrity). In this case, both the celebrity and the photographer may claim damages for the unauthorized reproduction or distribution of the image.
• Example: If an unauthorized website uses a professionally shot image of a celebrity in an advertisement without obtaining licensing rights, both the photographer and the celebrity can take legal action for copyright infringement.

• Consumer Protection Act, 2019 - Unfair Trade Practices: If the unauthorized use of a celebrity’s image misleads consumers into believing that the celebrity endorses a product, this can be deemed an unfair trade practice under the Consumer Protection Act, 2019. Consumers who were misled by the use of the celebrity's image may file complaints with the Central Consumer Protection Authority (CCPA), leading to a possible investigation and penalties for the platform.
• Example: If a celebrity's image is used without their consent in an ad promoting a beauty product, and consumers believe that the celebrity endorses the product, they may file a complaint under the Consumer Protection Act.

Defenses Available to E-Commerce Platforms

• Consent from the Celebrity: If the e-commerce platform can prove that it had prior consent from the celebrity (either directly or through a legitimate agency), it may not be liable for unauthorized use. The platform would need to provide clear documentation of the agreement or contract.
• Fair Use or Public Domain: Platforms may attempt to argue that the celebrity’s image is in the public domain or that its use falls under fair use (for example, for editorial or parody purposes). However, this defense is generally weak when it comes to commercial advertising or product promotion.
• Third-Party Liability: E-commerce platforms might try to shift responsibility to third-party sellers who uploaded the images, arguing that they are merely an intermediary. However, platforms are typically required to have mechanisms in place to prevent IP violations from sellers under the E-Commerce Rules, 2020, which could still make them liable.

Example of Legal Action

• Case of Unauthorized Use in Advertising: Suppose a clothing retailer uses an image of a famous Bollywood actor in a product ad without obtaining proper consent. The actor files a civil lawsuit for the unauthorized use of their image and requests damages for the commercial harm caused by this infringement.
• The court may issue an injunction, requiring the platform to immediately remove the image from all promotional materials and may award the celebrity monetary compensation based on the estimated commercial value of their likeness.

Conclusion

• E-commerce platforms in India can indeed be sued for the unauthorized use of celebrity images in product listings or advertisements. Celebrities have strong legal protections over their right of publicity, as well as trademark and copyright rights, which can be enforced in cases of unauthorized use.
• Legal actions available include civil lawsuits for infringement, intellectual property claims, and consumer protection complaints. E-commerce platforms must ensure they obtain proper licenses or consents before using celebrity images to avoid intellectual property violations and unfair trade practices.