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Evolution of Personality Rights in India

IP and Legal Filings

Recently, Bollywood Director Karan Johar [1] filed a case against the makers of “Shaadi Ke Director Karan Aur Johar” for using his name in the title of their movie without permission, this lawsuit has sparked again the debate relating to personality rights in India. Topps Chewing Gum Inc. [2] Rajagopal v.

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John Doe Order Issued Against “Taarak Mehta” Infringers: Revisiting the Rights Vested in Fictional Characters

SpicyIP

However, its specific emphasis on protecting certain elements of the whole scheme of copyrighted content, such as fictional characters and the distinctive personas they embody, has been a focal point, contributing substantially to the discourse surrounding the ever-expanding ambit of copyrightability as well as personality rights.

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Publicity Rights Concerning Sports Athletes

IP and Legal Filings

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]

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IP Issues in The World of Japanese Sequential Art – Manga

IIPRD

Donjinshiisa self-published fan bookthatuses the existing manga characters violating the personality rights of the characters as was established in the famous caseof V.T. Leo Burnett (India) Private Limited (2003) 27 PTC 81 The post IP Issues in The World of Japanese Sequential Art – Manga first appeared on IIPRD. Napster, Inc.,

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The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

Kluwer Copyright Blog

5] Conversely, the Brazilian system is primarily rooted in personality rights, particularly human dignity as a constitutional basis to the Brazilian constitutional order, which is expressed by four different fundamental rights: (i) freedom, (ii) equality, (iii) physical and psychological integrity, and (iv) dignity stricto sensu. [6]

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Right of Publicity Part 2

IP and Legal Filings

Thus, the Defendant did not have the liberty to exhibit the Plaintiff being subjected to sexual abuse, as shown in graphic detail in the film.The Delhi High Court court held that a celebrity could protect his/her life and image as a “constitutional right”. Arvee Enterprises in 2003.

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