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Not Copyright Infringement But Passing Off: Answering The Delhi High Court's Question On Celebrity Photographs
On 28.09.2026, while hearing the suit filed on behalf of Ms. Aaradhya Bachchan [CS(COMM) 230/2023] along with two connected suits, the Hon'ble Mr. Justice Anup Jairam Bhambhani of the Delhi High Court put to the Bar a question which goes to the root of the personality rights docket. As reported by LiveLaw, the learned Judge asked whether a person who may freely photograph the Taj Mahal may not photograph a celebrity, observed that "The conventional law says that copyright in that photograph belongs to the photographer", and asked whether the photographer's use of his own photograph then becomes a violation of the celebrity's personality rights.
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