article thumbnail

Michelangelo’s David and cultural heritage images. The Italian pseudo-intellectual property and the end of public domain

Kluwer Copyright Blog

So, the analogical link to civil personality rights would like to allow the introduction in the Italian legal system of a tort (extra-contractual liability) under article 2043 of the Civil Code for violation of an absolute right of the “person” State. 106), the instrumental use and reproduction (art.

article thumbnail

Media Laws, Rights & Privacy Of Celebrities

IP and Legal Filings

After reviewing similar relevant cases and precedents, the court dismissed the suit, ruling that celebrity rights cannot be granted or recognized without regard for the actual concept of The Right to Privacy.

Privacy 79
Insiders

Sign Up for our Newsletter

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

article thumbnail

Anil Kapoor Vs Simply Life India & Ors: An Unwavering Assurance In Safeguarding Personality Rights Against Ai

IP and Legal Filings

ABSTRACT There has been a dramatic increase in the commercial use of celebrity personalities by people not authorized to do so compared to the earlier times. Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. Interesting right? Puttaswamy v.

article thumbnail

SpicyIP Weekly Review (July 12 – 18)

SpicyIP

In this post , Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘ to tackle the menace of film piracy ’, and is a revision of the Cinematograph (Amendment) Bill 2019. Serious Comparative Advertising: Broadening the Definition. Thematic Highlights. Other Posts.

article thumbnail

SpicyIP Weekly Review (May 13- May 19) 

SpicyIP

Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. The defendant claimed defence under comparative advertising, that it does lead to disparagement and that the plaintiff does not hold registration over the blue colour in question. Drop a comment below to let us know. On the occasion of Prof. The Peppy Stores & Ors.

article thumbnail

PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes

SpicyIP

from Duke University in 2019. Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. Practically all subsequent reported cases on personality rights have cited D.M.

article thumbnail

The puzzled tie of copyright, cultural heritage and public domain in Italian law: is the Vitruvian Man taking on unbalanced proportions?

Kluwer Copyright Blog

One of the most recent examples is the dispute (not yet decided) around the use of the images of the Birth of Venus by Michelangelo in fashion design; the others are the controversy over the use in the advertising of the image of the Teatro Massimo in Palermo [2] and the multiple claims against the use in the marketing of David by Donatello. [3]