SpicyIP

AUGUST 27, 2021

This is achieved by understanding the parallels between publicity right and trademark law. Further, the application of a publicity right requires checks and balances which is explained through exceptions derived from copyright law. The drawbacks in applying normative copyright defences in public photography are then explored.

Law 136

Law IP Editing Intellectual Property 136

Kluwer Copyright Blog

JUNE 14, 2023

At the same time, the Italian Ministry of Culture has published new “Guidelines for the determination of the minimum amounts of fees and charges for the concession of use of property handed over to state institutes and places of culture of the Ministry of Culture ( Ministerial Decree of April 11, 2023, No.

Public Domain 98

Public Domain Intellectual Property Art Personality Rights 98

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). Ochoa authors Chapter 9, which is devoted to the overlaps between copyright and the rights of publicity or personality rights.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

IP and Legal Filings

APRIL 10, 2025

Though no definition for celebrity is to be found in any statute but the word Performer has been defined in the section 2(qq) of the Indian Copyright Act. The current statute provides protection of these celebrity rights under trademark law, copyright law as well as passing off action for infringing the said rights.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

SpicyIP

DECEMBER 20, 2023

We stand on the cusp of bidding farewell to 2023 with just 10 days remaining! So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. Although India now has the Digital Personal Data Protection Act 2023 , it doesn’t provide IP protection to databases.

Personality Rights 58

Personality Rights IP Licensing Copyright 58

SpicyIP

SEPTEMBER 12, 2024

Started in 2018, the 2nd edition of Overlapping IP Rights (OUP) was brought to completion in 2023 by his co-editor, the inimitable Prof Neil Wilkof, along with Prof Irene Calboli who came on as a co-editor following Prof Basheer’s demise. Without further ado – the review!

Editing 80

Editing Intellectual Property Privacy IP 80

IIPRD

AUGUST 29, 2024

The continuous technological advancements cause unexpected ways of copyright distribution and the broadcasting sector is not indifferent to it. Recent court decisions have clarified the scope of copyright in film screenplays, personality rights, and underlying works concerning content creation and licensing in broadcasting.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

SpicyIP

NOVEMBER 19, 2023

Filo Edtech Inc vs Union Of India & Anr on 16 November, 2023 (Delhi High Court) A Single Judge Bench of the Delhi High Court re-notified the matter for further hearing on November 21. The last date for submissions is January 7, 2024. Case Summaries Bennett Coleman and Company Limited v. Capital General Store and Jawed Ansari v.

Intellectual Property 58

Intellectual Property Journalism Patent Application Social Media 58

IP and Legal Filings

FEBRUARY 20, 2024

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.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

IP and Legal Filings

AUGUST 26, 2024

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 personality rights in India. Topps Chewing Gum Inc. [2] Rajagopal v.

Personality Rights 52

Personality Rights Privacy Intellectual Property Law Intellectual Property 52

The IPKat

SEPTEMBER 27, 2023

The IPKat has received and is pleased to host the following contribution by Danish Katfriends Jakob Plesner Mathiasen and Thit Nymand Nisbeth (both Gorrissen Federspiel) on the interplay between AI, deepfakes, and personality rights in the form of image/publicity rights. However, there is no federal law regarding the matter.

Personality Rights 130

Personality Rights Advertising Advertising Publishing 130

SpicyIP

JULY 17, 2023

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 personality rights. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. Her area of interest lies in IP and corporate law.

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

SpicyIP

SEPTEMBER 8, 2024

Image from here Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous Personality Rights By Julia Anna Joseph and Snehal Khemka Generative Artificial Intelligence (“AI”), a game-changing phenomenon in modern day life creates art, plans daily tasks, analyzes data, generates music, and much more.

Personality Rights 45

Personality Rights Privacy Art Music 45

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

IP and Legal Filings

JULY 23, 2024

Additionally, it is challenging to even establish the relationship between the author and the user of the copyright to determine the royalties’ obligations. As a result, the method of Voice Cloning begs important issues about its legality and whether it can be copyrighted as listeners attempt to distinguish between the voices.

Music 59

Music Copyright Personality Rights Technology 59

SpicyIP

JULY 27, 2023

Hari Shankar affirmed the legal position on descendability of publicity rights as had been upheld previously by Indian courts. The judgement dated 11 th July 2023 disposed of an interim injunction application moved by the father of the deceased actor Sushant Singh Rajput. She has previously written for SpicyIP here and here.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

MAY 20, 2024

Reconceptualizing Trademark Protection in the Digital Age: A Proposal for Reform in Response to Google Ads’ Policy- Part I Offering a critique of the 2023 DHC and Supreme Court decision in the Google Ad words cases, we are pleased to bring to our readers a two part guest post by Malak Sheth. Read on to know more. M/s Vans Inc.

Trademark 45

Trademark Advertising Advertising Invention 45

The IPKat

DECEMBER 17, 2024

Earlier today, the UK Government launched a public consultation on copyright and Artificial Intelligence (AI), including unlicensed text and data mining (TDM) and computer-generated outputs. Here's what they say: NEWSFLASH - The UKs New Consultation on AI and Copyright: Purr-suing Balance? The consultation runs until 25 February 2025.

Copyright 64

Copyright Government Personality Rights IP 64

SpicyIP

DECEMBER 27, 2024

In recent times, the Delhi High Court has been spewing out decisions involving the Personality Rights of celebrities. We had the Anil Kapoor decision last year and similar rulings followed in 2024 dealing with the rights of Jackie Shroff , Vishnu Manchu , Arijit Singh.

Personality Rights 58

Personality Rights Due Diligence Registering Trademarks Social Media 58

SpicyIP

OCTOBER 2, 2023

SpicyIP Tidbit: GII 2023 – India Retains its 40th Rank India ranks 40th in the Global Innovation Index, 2023! Image Rights Alright—But Can They Trump Established Rights and Doctrines? Image Rights Alright—But Can They Trump Established Rights and Doctrines? Should They? Read the post by Prof. Defendant no.

Licensing 58

Licensing Trademark Intellectual Property IP 58

SpicyIP

OCTOBER 1, 2023

In a “Jhakaas” (a slang for fantastic) news for the actor Anil Kapoor, Delhi High Court granted the actor an interim injunction against use/ misuse of his personality rights. Image from here Image Rights Alright—But Can They Trump Established Rights and Doctrines? But, ‘safety’ against what?

Personality Rights 110

Personality Rights Non-Fungible Tokens Copyright Social Media 110

SpicyIP

SEPTEMBER 15, 2024

Here is our recap of last week’s top IP developments including summary of the posts on posthumous rights of artists, and book reviews of “Modern Law of Copyright in Singapore” and “Overlapping Intellectual Property Rights (2 nd Ed.). This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on?

Trademark 76

Trademark Editing IP Copyright 76

SpicyIP

DECEMBER 31, 2024

Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court opined that the proviso under Section 33(1) of the Act, which mandates that license can only be issued via copyright societies, does not apply to sound recordings.

IP 105

IP Invention Patent Copyright 105

SpicyIP

NOVEMBER 8, 2024

He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. Image from here [Part II] The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet…… The Show Must Go On? Copyright serves a clear purpose in incentivizing creative production and protecting the livelihoods of artists at all levels.

Privacy 63

Privacy False Advertising Personality Rights Branding 63