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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.
Introduction Although there isn’t a clear legal definition of “privacy,” some legal experts define it as a human right that each and every person has simply by virtue of their existence. The right to privacy must, in other words, be evaluated case-by-case. In the 1962 Kharak Singh v.
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]
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.
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?
However, its specific emphasis on protecting certain elements of the whole scheme of copyrighted content, such as fictional characters and the distinctive personas they embody, has been a focal point, contributing substantially to the discourse surrounding the ever-expanding ambit of copyrightability as well as personalityrights.
Image from here Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous PersonalityRights 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.
V Shrinivasan: “Will”ing Posthumous Privacy/Publicity Rights into Existence By Bharathwaj Ramakrishnan In a recent interim order (see here for a news report on this development, and for the Order see here ( pdf )) issued by the Madras HC in the case of Music Academy v. His previous posts can be accessed here.
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.
Following a similar line, the Indian courts have decided that while under the Indian Copyright Law, 1957 it is difficult to trace the copyright of voice; however, the right to protection of voice and other personalityrights may be awarded against any use for commercial benefits. 20, 2023) [5] Amitabh Bachchan v.
Codible Ventures LLP that has initiated a judicial discussion on the protection of artists’ personalityrights against the unauthorised use of their voices by AI tools. Moreover, both in the EU and the US, privacy laws also come into play alongside intellectual property protections.
While AI-generated prompts streamline our daily lives, they also pose significant privacy risks. The more streamlined and personalized the responses, the more data is stored in databases, which AI then draws on to create future responses. This data can range from personal to general information.
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 personalityrights has become a growing problem in India due to deepfakes, morphed pictures, etc. Interesting right? Puttaswamy v.
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. Another new chapter is “ Trade Secrets and Privacy” by Maximilian Becker.
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 personalityrights.
He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. Views expressed here are personal.] “It Protects Their Hard-Earned Reputation” The Claim : Celebrities have valuable personalityrights due to their immense goodwill and reputation. [This three part post is authored by Akshat Agrawal.
In the third part of his three part post on personalityrights, Akshat discusses the real implications of granting broad personalityrights to celebrities. He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. Part I and II of this post can be accessed here and here.
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? Adding another layer of protection through publicity rights is unnecessary and potentially harmful to free expression.
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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