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Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i] i] In principle, the Delhi High Court has recognized publicity rights in the case of ICC Development (International) Ltd v Arvee Enterprises (2003). [ii] iv] The Copyrights Act, 1957. [v]
The current statute provides protection of these celebrity rights under trademark law, copyrightlaw as well as passing off action for infringing the said rights. PersonalityRights: Personality is an attribute through which an individual is recognized in the society, depending upon the talent they possess.
Goldsmith et al sheds light on different perspectives of copyrightlaw in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.
Image Sources: Shutterstock] ‘Donjishi’ is another form of copyright infringement of a manga creator. Donjinshiisa self-published fan bookthatuses the existing manga characters violating the personalityrights of the characters as was established in the famous caseof V.T. Napster, Inc., 3d 1004, 1021, 1022 (2001). [3]
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