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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. This decision is likely to influence future legal standards on personalityrights and the application of emerging technologies.
Jokes aside, the title of today’s post is “Your Face, is My Case,” because we’re talking about likeness and image rights, sometimes collectively referred to as “personalityrights.” Student athletes are allowed to fully control their personalityrights and make money licensing them.
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.
The Supreme Court has again ruled on the protection of the personalityrights of deceased celebrities. Analyzed in conjunction with the previous Dalí judgment, this new ruling may introduce some uncertainty as to the post mortem scope of protection of such rights. The Supreme Court’s opinion.
According to Wanjiru, Machakos University infringed her intellectual property rights, image rights, right to privacy and human dignity by using her photograph (taken by the university during Wanjiru’s graduation) in advertising and marketing of the computer packages courses it offers. Paragraph 43].
Right to integrity stipulates that an action can be taken against ‘ distortion, mutilation, modification or other act in relation to the said work if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation’. But if it’s a personalright, then it obviously ceases with the individual’s demise.
In recent times, the Delhi High Court has been spewing out decisions involving the PersonalityRights 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.
Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.
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. Recently, the courts have also recognized the commercial right over one’s personal data as a part of intellectual property rights.
Further, the Court specifically addressed the use of social media platforms by citizens to voice their grievances and stated that such use during a crisis can in no way be termed misinformation and it noted that it would treat any clampdown on free exchange of information as contempt of court. Sun Pharmaceuticals Industries Ltd.
Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.
Here is our recap of last weeks top IP developments including summaries of the posts on Lemleys and Hendersons paper on AI Terms of Use Restrictions, CGPDTM order on the removal of a patent agent, Delhi HC order on disclosure of a PhD and Public Interest Need in PersonalityRights cases. Anything we are missing out on?
The issue has often arisen in the context of protecting confidential information through copyright law. From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personalityrights : Since Shouvik’s 2010 post about Amitabh Bachhan’s concern over the use of his voice to sell Gutka (an addictive substance), we have come to a long way!
Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personalityrights. It was also submitted that the advertisement of the plaintiff including their mark ‘RUMMYCIRCLE’ was changed to show ‘VRUMMY’ by the defendants. Bombay High Court imposes costs worth INR 4.5
[Delhi High Court] On September 20, the Delhi High Court granted relief to film actor Anil Kapoor against the unauthorised use of his image, name, voice, and other traits of his persona for monetary gain, reinforcing his personalityrights. Sarl a A Sarogi , where the Court affirmed the position on descendability of publicity rights.
The book, a follow on edition from the 2012 1st edition of Overlapping IP Rights is once again a masterclass in thinking through the oft under discussed spheres of overlaps in IP, this time with additional subject areas and updated developments. The jurisdictions analysed are the US, UK, and the European Union.
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]
Marico had sought injunction on Alpinos advertisement alleging generic disparagement of oats. The Delhi HC has held that the mere assertion that a thesis involves IP or holds commercial value is insufficient exempt from disclosure under the Right to Information Act, 2005. Xeljanz was launched in India in the year 2016.
Other Posts Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship on November 22 and 23. St Art India Foundation & Anr.
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.
There’s a threshold with regard to the right of likeness protection somewhere here, but the question is: where exactly? Last month, the Supreme People’s Court of China (SPC) released nine Typical civil cases of judicial protection of personalityrights after the promulgation of the Civil Code of China.
Image from here [Part II] The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet…… The Show Must Go On? “It Protects Them From Exploitation” The Claim : Capitalizing on celebrities’ identity subjects their personalityrights to potential abuse and jeopardizes their career and livelihood.
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