Private Law Theory

ABSTRACT
Torts are non codified civil wrongs which when enforced in the Court of Law obtains relief in the form of damages. The tort of False Light is studied in detail in this paper with a special focus on it being a more beneficial form of claim for musicians and artists when other politicians or commercial entities exploit their identity or brand name for personal gain. The False Light Tort first grew as a compartment under invasion of privacy of an individual thus safeguarding an individual’s right to a private life. This particular compartment of False Light faced a lot of criticism and backlash from legal critics and the courts of law for it being ambiguous in nature and having similarities or overlapping in interests with the tort of Defamation. Due to this proving a False Light case in courts that recognise the same becomes a burden for the plaintiff and they have to fulfil numerous elements for a valid claim. Furthermore the ambiguous nature of False Light Publicity has been attempted to simplify by detailing the personal interests that False Light attempts to protect within its purview. As these interests seem overlapping with that of Defamation out of clarity a distinct distinction has also been made between Defamation and False Light Publicity to show that they are two distinct torts deeming to protect two distinct interests. Finally, a study on how False Light Publicity is a better remedy mechanism for artists, musicians and performers who do not have any copyright claim over the non-copyright counterparts of Right of Publicity and False Endorsement under Section 43(a) of the Lanham Act. Thai concluded with the usage of False Light as a tort in India and whether incorporating it in our justice system makes for a good step towards development of our legal system.

Thakkar, Rudra, The Forgotten Tort of False Light (January 25, 2023).