article thumbnail

The Interplay of Personality Rights and Freedom of Expression- the Jackie Shroff’s Case’

IP and Legal Filings

Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work. Ammini Amma and Ors.,

article thumbnail

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Derivative works: the Adventures of Koons and Tintin in French copyright law

Kluwer Copyright Blog

Court of Appeals for the Second Circuit rejected Jeff Koons’ fair use argument ( section 107 of the Copyright Act 1976 ) based on parody ( Rogers v. Moulinsart, the Belgian company that holds the rights to Tintin, and the heir of the author, Hergé, holder of the moral rights, brought a copyright infringement case against Marabout.

article thumbnail

The Modern Copyright Dilemma: Digital Content Ownership and Access

IP and Legal Filings

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

article thumbnail

Just Humor Them: Jests, Jokes, Satire, and Parody In Infringement and Defamation Cases

LexBlog IP

ii) For Laughs : Real Infringement Cases Impacted, In The US and Elsewhere, By Claims To Humor To Show Fair Use Or Non-Confusion. ” Many of these issues on the trademark side could be addressed in the Jack Daniels matter if the US Supreme Court grants cert. Eleonora Rosati, “Just a laughing matter?