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Introduction Personalityrights refer to a person’s ability to safeguard his or her identity in the context of a property or privacyright. Celebrities value these rights since their names, images, or even voices may be inappropriately used in commercials by various businesses to increase sales.
The development of Artificial Intelligence, from being able to create edited photos to now generating deepfake videos that cannot be distinguished from real videos, has created an imminent threat to intellectual property rights and personalityrights specifically. and includes both commercial and non-commercial aspects.
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.
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 personalityrights in India. Topps Chewing Gum Inc. [2]
Explaining why and how such seemingly innocuous posts infringe on the shooter’s personalityrights, we are pleased to bring to our readers this post by SpicyIP intern Tejas Misra. PersonalityRights: Publicity or Privacy?
[iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.
We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personalityrights. The plaintiff further argued that he was the lawful successor to the personalityrights of the late actor. Her area of interest lies in IP and corporate law.
Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights? 19 further provides the fundamental right to ensure the freedom of speech and expression of an individual.
In 2015, the Cowichan Tribes were faced with the issue yet again when Ralph Lauren launched their own line of Cowichan sweaters. 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.
Regarding personalityrights and introducing a public interest test before granting protection to celebrities, Rebecca Cardoso, in this guest post, advocates for a balanced approach prioritizing protection against genuine harm instead of trivial grievances. Navigating PersonalityRights Does Fame Have a Trade-Off?
In the third part of his three part post on personalityrights, Akshat discusses the real implications of granting broad personalityrights to celebrities. Views expressed here are personal. Poster for the 2015 documentary titled “The True Cost” Image from here.
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
T Series And Another vs M/S Dreamline Reality Movies on 22 February [Punjab and Haryana High Court] The case concerned the adaptation of late Jaswinder Kaurs biography into a cinematographic film and deals with interplay of copyright with personalityrights. Kaur, the defendants cannot claim infringement of their copyrights.
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