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The issue of safeguarding personality rights has grown in prominence because of the rising exploitation of various celebrities and renowned individuals. The personality rights in India are generally enforced in the context of IntellectualPropertyLaws. 2018) 2 SCC 1. [11] Ammini Amma and Ors.,
The general position in intellectualpropertylaws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. This theory prescribes that artists have inalienable rights over their artwork upon its creation.
The notion of stewardship (H R Howe, ‘Copyright limitations and the stewardship model of property’ (2011) 2 IPQ 183-214) is instrumental to expanding the scope of the analysis on vulnerable authors (e.g.
Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. Image Sources: Shutterstock] Protecting such outstanding works of art and property through the use of intellectualpropertylaw is undeniably a sound strategy.
xxiv] Intellectualpropertylaw recognizes a limited monopoly-esque propertyright for the creator. xxv] Bargaining between rights holders and potential users can be described as a form of bilateral monopoly meaning that the transaction costs of bargaining are extremely high. [iv] iv] Maxwell L.
The BGH stated in 2018 that when interpreting (contractual) cease and desist agreements in cases of doubt cease and desist obligation must be interpreted as meaning that its effect has the same scope as the statutory claim for injunctive relief. More from our authors: Law of Raw Data. IntellectualPropertyLaw in China, 2nd edition.
Introduction The Intellectualpropertylaws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.
However, the conversation being considered as a contract between them was unclear regarding the IP rights. The creator was vague in terms of rights that they will keep in terms of moralrights or was it an implied license as terms were not clearly stated though there was a transaction. 6] Stuart D. Levi & Alex B.
In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. This first part covers the definition of a work, authorship and moralrights.
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