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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.
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. For comparison, the 1st edition consisted of 17 chapters by 24 authors, and ran into 624 pages.
Considering the same, the Courts have started providing remedies under the scope of personalityrights wherein protection is granted against the unauthorized use of names, images, voice, likeness, dialogues or traits of popular celebrities. To be honest, under the current system, the scope of protection is limited.
So, the analogical link to civil personalityrights 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.
In recent first-instance rulings, copies of David by Michelangelo and Vitruvian Man by Leonardo Da Vinci were prevented from being freely used on a board game, a magazine cover page, and an advertising commercial (see also DeAngelis/Giardini here ; Dore/Caso here and here ).
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]
We are thrilled to announce the judges for this edition: Prof. (Dr.) 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. As always, the topic is open ended, so long as it is related to IP law.
In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personalityrights, and multiple leaks of key documents and their contribution in law-making. The court held that puffery in advertisements is allowed as long as the assertions made are reasonable.
Hussain Dalal , the Delhi High Court held that a dialogue in the movie ‘Yeh Jawaani Hai Deewani’ which incidentally comments on Roohafza has the potential to tarnish the reputation of the Roohafza brand and hence must be edited out before releasing the home video version. & Ors. Hindustan Coca Cola Ltd. &
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