Abstract
The proliferation of online fantasy sports (OFS) platforms in India has sparked significant legal debates concerning the unauthorized use of real-world sportspersons’ identities, potentially infringing upon their personality rights. This article delves into the intersection of fantasy sports and personality rights under Indian law, particularly focusing on the Indian Copyright Act of 1957 stance on such matters. By examining pertinent national and international case laws, the aim is to elucidate the current legal landscape and propose recommendations for balancing the interests of athletes and OFS operators. Additionally, an analysis of international frameworks, particularly those of the United States and the European Union, provides insights for developing a robust legal structure in India on personality rights recognition. The article also explores the recognition of personality rights under the present copyright law regime in India. It proposes technological solutions, such as blockchain, for enforcing licensing agreements. It concludes by advocating the incorporation of international jurisprudential perspectives and technological solutions to create a balanced framework for protecting personality rights while enabling the growth of OFS in India.
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