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However, this article will discuss the reasoning of the court with respect to relief claimed by the Plaintiff against a creator of a YouTube video who compiled the interviews of the plaintiff and depicted his personality as ‘thug life’ The plaintiff contended that such videos portrayed him in a derogatory manner. million views.
Factual Background The case at hand involved the plaintiff seeking an interim injunction against the defendants to restrain them from using the name/likeness of the late actor unauthorizedly through the release of the impugned film amounting to infiltration of personalityrights, violation of free trial, passing off et al.
Let’s see what the various case laws pertaining to the posthumous survival of celebrity rights have held. In 2010, in Kirtibhai Raval v. The Gujarat High Court without any discussion about celebrity and privacyrights, granted an injunction stating that irreparable harm would be caused if these rights are violated.
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 personalityrights.
In 2009, the Hudson’s Bay Company (HBC) mass-produced sweaters as part of their official merchandise for the 2010 Vancouver Olympics. The court ruled that the tattoo artist did in fact own the copyright in his tattoo design; however, he was limited by the personalityrights of the person he tattooed.
Right To Publicity- A Constitutional Right The right of publicity stems from the right of privacy. But right to privacy only came to be recognised as a fundamental right in the year 2017 in the case of Justice K.S. Publicity Rights and the Right to Privacy in India, 31.1
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