Bollywood Biopics and Image Rights: A Legal Grey Zone?
Let’s admit it. Biopics are Bollywood’s current obsession. You’ve seen Sanju, Gangubai, MS Dhoni, Thalaivi, 83 and probably even Googled, “Wait, was that really how it happened?”
Biopics bring real-life drama, real-world fame, and (let’s be honest) major box office. But behind the glitz and slow-motion shots is a question nobody’s asking loud enough:
Can Bollywood just tell your story without your permission? And what if they get it wrong?
The answer isn’t that simple.
Enter: Image Rights & the Indian Legal Vacuum
In countries like the US, there is a clearly defined right to publicity. Your face, name, life, your brand, can’t just be used without permission.
But in India? Image rights aren’t codified yet. You’re stuck navigating a patchwork of:
So yes, you might be able to sue if a movie distorts your life story. But there’s no Biopic Permission Form filmmakers need to submit. It’s a grey zone, and Bollywood loves grey zones.
Real Cases, Real Drama
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Sanju: A sanitized portrayal? Critics thought so.
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The Dirty Picture: Said to be based on Silk Smitha’s life, her family wasn’t happy.
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Jhund: Faced legal action from the person it was based on, over alleged misrepresentation.
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Main Atal Hoon: Created buzz over consent and political leanings.
In most cases, filmmakers argue for creative liberty. Families argue about misrepresentation. And the court? Usually stuck somewhere in the middle.
I read Arpan Banerjee’s paper, ‘Copyright Piracy and the Indian Film Industry’, which points out that India’s copyright and IP frameworks are often shaped more by international politics and economic strategy than by moral or cultural consistency.
Key takeaways for the biopic context:
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India is a major IP creator in films, unlike pharma where we import IP. Protecting our own stories should be a national interest.
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There is widespread moral skepticism towards IP rights in India with many still seeing them as “Western concepts” forced by TRIPS and WTO.
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The legal system often prioritizes pragmatism over perfection. Enforcement is inconsistent, and industry strategies fill the legal gaps.
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Most Indian IP discourse lacks a bottom-up perspective – we don’t often hear from the artists, families, or individuals affected by portrayals in cinema.
In short, when it comes to biopics, the line between protection and freedom isn’t drawn by statute but in courtrooms, headlines, and moral arguments.
The Tug of War: Freedom of Expression vs Image Rights
Imagine you’re a public figure. A movie is made about you without consent. It distorts events. You’re angry. Can you sue?
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The filmmaker might say: “It’s satire/art/fiction!” (protected under Article 19(1)(a))
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You might say: “It’s false and harmful!” (protected under Article 21 and defamation law)
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The court might say: “Uhh… let’s talk settlement.”
This classic legal tension: Free speech vs Right to privacy.
India doesn’t have a clear “balancing test” yet. Courts go case by case. Meaning: There is no single ‘rulebook’ for biopic legality in India.
What Could Make It Better?
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Consent Clause for Biopics: Just like brand contracts, filmmakers should get consent or at least try to.
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Posthumous Personality Rights: Families should have a say in how their late loved ones are portrayed.
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Standard Disclaimers Aren’t Enough: “This is a work of fiction” doesn’t absolve all legal risks if viewers can identify the real person.
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Regulatory Oversight: A content board or ethics council to vet sensitive biopics before release.
Final Take
Bollywood is rewriting history one biopic at a time. Some get it right. Some glamorize. Some rewrite it entirely.
But at the heart of it all is a simple question: Whose story is it anyway?
In the absence of structured image rights law in India, every biopic becomes a legal experiment in creativity vs consent. Courts are still figuring out how to handle it.
Until then, if you ever get famous (manifesting), just remember: your story might hit the big screen someday. Whether or not you approve.
Written by
Yamini Kaira
