LexBlog IP

JUNE 13, 2023

Interestingly, by applying the Cultural Heritage Code, the Court of Florence also recognized personality rights – more specifically, image rights – to the work of art by Michelangelo and to works of art in general, which Italian museums would be entitled to enforce for the cultural property they have on consignment.

Art 52

Art Personality Rights Advertising Advertising 52

The IPKat

MAY 29, 2023

Ochoa authors Chapter 9, which is devoted to the overlaps between copyright and the rights of publicity or personality rights. Sundara Rajan devotes Chapter 11 to the overlap between moral and economic rights of authors. The analysis is offered from the US, the UK, and the EU perspectives.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

Olartemoure Blog

JULY 17, 2024

National Tattoo Day is a perfect occasion to celebrate the art of tattooing, an ancient practice that has evolved into a mainstream cultural phenomenon. Tattoos are not just body art; they are unique expressions of personal identity. Personal use, parody, and incidental inclusion are common defenses.

Intellectual Property 52

Intellectual Property Moral Rights Art Branding 52

The IPKat

SEPTEMBER 4, 2024

Overall, after Fauré Le Page Paris appealed to the Cour de Cassation where it referred the related questions on Art. The court ruled in favour of Singh and said that publicity and personality rights are legally recognized in India and that unauthorized use of one’s own personal attributes may breach such rights.

Personality Rights 59

Personality Rights IP Art Copyright 59

Kluwer Copyright Blog

APRIL 5, 2023

In late 2022, the Court of Venice issued an interesting order restraining the use of the image of a well-known piece of Renaissance art by Leonardo da Vinci: the Study of the Proportions of the Human Body in the Manner of Vitruvius , also known as the Vitruvian Man. [1] Pen and brown ink with wash over metalpoint on paper (34.4

Public Domain 98

Public Domain Copyright Law Artwork 98

SpicyIP

AUGUST 12, 2024

PART I] Synthetic Singers and Voice Theft: BomHC protects Arijit Singh’s Personality Rights In a first of its kind order in India, the BHC restrains AI platforms from using likeness of famous singer Arijit Singh, finding them to prima facie infringe his personality rights. Read on below to know more.

Trademark 104

Trademark Personality Rights Registration Business 104

The IPKat

JANUARY 11, 2024

L45-2 of the French Postal and Electronic Communications Code , the registration or renewal of domain names may be refused or the domain name revoked when such domain name is likely to infringe intellectual property or personality rights, unless the applicant demonstrates a legitimate interest and acts in good faith.

Registration 64

Registration Art Personality Rights Intellectual Property 64

SpicyIP

JULY 29, 2021

The US copyright law of 1976 explicitly excludes the mechanical or utilitarian aspects of applied art from the definition of artistic craftmanship. Shivam is a recent graduate of the Banaras Hindu University, Varanasi. This is perhaps why fonts cannot be copyrighted in the US.

Copyright 126

Copyright Artistic Work Copyright Law Law 126

IP and Legal Filings

NOVEMBER 23, 2023

sports/singapore-billionaire-acquires-ronaldo-image-rights [7] Business-standard.com/sourav-ganguly-slaps-damage-suit-on-tata-tea [i] The Constitution of India, 1950, art. v] [link] Facebook Twitter LinkedIn WhatsApp The post Publicity Rights Concerning Sports Athletes first appeared on IPLF. iv] The Copyrights Act, 1957. [v]

Intellectual Property 105

Intellectual Property Privacy Branding Brands 105

Intepat

DECEMBER 26, 2023

Instances of AI-related infringement include platforms like Github Copilot, Open AI, Deviant Art etc., Certain AI systems generate new works, such as images and videos, based on user searches, potentially infringing upon the rights of original copyright holders.

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

IP and Legal Filings

APRIL 8, 2023

These agreements include the following: ● Artist agreement – When an artist does business with a company, an agreement is made between the parties because art is inherently subject to many Intellectual Property issues. CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders.

Privacy 98

Privacy Law Intellectual Property Music 98

IPilogue

NOVEMBER 17, 2021

The court ruled that the tattoo artist did in fact own the copyright in his tattoo design; however, he was limited by the personality rights of the person he tattooed. Notably, Belgian copyright law includes a statutory right to privacy , which includes the right to control your image.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

Velocity of Content

JUNE 25, 2024

In Andersen’s district, “We came back in person right after COVID. Ellen Brooks talked about how supplemental materials, especially in English Language Arts (ELA) , can support a spiraling curriculum that builds language skills. But some families still chose to do more of a virtual, remote-type learning.

Copyright 98

Copyright Licensing Blogging Publishing 98

SpicyIP

NOVEMBER 19, 2023

St Art India Foundation & Anr. The court held that proposals to make amendments in a patent application do not amount to an admission of the invention being non novel and the respondent’s finding that the invention is identical and similar to the cited prior art was not tenable.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

SpicyIP

MARCH 9, 2025

on 07 March 2025 (Bombay High Court) The plaintiff, a notable Hindi film director, filed the suit against the defendants seeking reliefs against the violation of his privacy and personality rights by the defendants film title Shaadi Ke Director Karan Aur Johar.

Trademark 59

Trademark Patent Copyright Patent Application 59

43(B)log

AUGUST 9, 2024

AI and Authorship Margaritha Windisch, Unveiling the Bond Between Artists and Their Work: A Vignette Study Personality rights theory of ©: bond between artist and work/work is part of the personal sphere of the creator and part of their personal identity.

Fair Use 59

Fair Use Moral Rights Law IP 59

Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 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

IP and Legal Filings

FEBRUARY 17, 2025

The screenings once recorded as part of the broadcasting right then become a part of the broadcasters inventory, giving them full right to reproduce, as part of the agreement either on its own terms or by paying a fee to the original franchise owner.

Intellectual Property Law 90

Intellectual Property Law Intellectual Property Law IP 90

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

AUGUST 16, 2021

When they do that, they open themselves up to accusations of unauthorisedly infringing on the athlete’s personality rights. But the patriotism of FMCG and other companies, entities who have personality and nationality only by legal fiction, is less certain. The landmark judgement in this regard is D.M. Entertainment Pvt.

Social Media 72

Social Media Personality Rights Law Branding 72

The IPKat

OCTOBER 7, 2021

What is the legal framework around posthumous released art and what is Anderson.Paak afraid of? This is not the first time that posthumously released art becomes the subject of attention. However, there is not always a positive reaction when it comes to art being released after the death of an artist.

Moral Rights 134

Moral Rights Art Music Copyright 134

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights? 19 further provides the fundamental right to ensure the freedom of speech and expression of an individual.

Branding 98

Branding Branding Brands Personality Rights 98

IP and Legal Filings

JULY 23, 2024

INTRODUCTION Artificial intelligence (AI) is a transforming power at the dynamic junction of art and technology. Consequently, it is prudent to infer that, despite the complexity of the “voice” copyright, individuals have the right to assert the protection of their privacy and personality rights from any unauthorized exploitation.

Music 59

Music Copyright Personality Rights Technology 59

The IPKat

DECEMBER 17, 2021

The Commissioner of Patents, dismissed the appellants’ action and upheld the respondents’ counterclaim, finding that each of the claims of the patent were obvious to the person skilled in the art of the patent at the priority date.

IP 92

IP Patent Intellectual Property Inventor 92

SpicyIP

MAY 20, 2024

The key questions in the suit were whether the subject patent is distinct from prior art and whether it demonstrates a significant technical advancement.The Court relied on Biswanath Prasad Radhey Shyam v. emphasizing on person skilled in the art. Hindustan Metal Industries Ltd. and Hoffmann-La Roche Ltd & Anr. v Cipla Ltd.,

Trademark 45

Trademark Advertising Advertising Invention 45

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. Broadcom Inc. vs Texasldpc Inc.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

DECEMBER 30, 2023

[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 personality rights. Sarl a A Sarogi , where the Court affirmed the position on descendability of publicity rights.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

APRIL 3, 2025

The study provides evidence for the personality-rights theory of copyright law, predominant in continental Europe, which emphasizes a close personal bond between creators and their creations.

Artwork 52

Artwork Copyright Law Personality Rights Art 52

TorrentFreak

DECEMBER 19, 2024

Academy of Art University Instead of focusing on new file-sharing ventures, Andrej explored his creative side. Eventually, he was admitted to Academy of Art University in San Francisco. Why did you choose the Academy of Arts in San Francisco? That never really took off. How did that go?

Cease and Desist 117

Cease and Desist Art Copyright Business 117

Garrigues Blog

JANUARY 21, 2025

In fact, back in the XVII century, Lope de Vega advised that satire should not be clear or open and recommended that it mock without malice; if you put to shame, don’t hope to win applause or merit fame ( The new art of making plays in this age , Lope de Vega, F.). 1426/2024, of October 29, 2024.

Art 52

Art Intellectual Property Personality Rights Blogging 52

Intepat

OCTOBER 28, 2024

The issue involved in the case was whether the use of names and images of sportspersons to create digital player cards is a violation of their privacy and publicity rights. Issues Pertaining to the Use of NFTs in Copyright Firstly, there is no legislation to regulate the NFTs in India.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

SpicyIP

JUNE 17, 2024

The Court, on a prima facie assessment held that the alleged prior art cited by the defendant were dissimilar to the suit design and reiterated that mosiacing is not permissible i.e. an article cannot be broken down into parts, integers, or elements for comparison.

Design 59

Design Designs Trademark IP 59

SpicyIP

DECEMBER 31, 2024

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 personality rights.

IP 105

IP Invention Patent Copyright 105