Remove Article Remove Personality Rights Remove Public Domain
article thumbnail

The EU imperative to a free public domain: The case of Italian cultural heritage

Kluwer Copyright Blog

Image via Staatliche Museen, Berlin, Gemäldegalerie / Christoph Schmidt Public Domain Mark 1.0 The human right to cultural participation has become a pillar of protecting and empowering individuals and communities.

article thumbnail

Deepfakes and Personality Rights: The Need for codifying Personality Rights.

IP and Legal Filings

1] And since, the creator, consumer and subject of the content are distinctly different-the potential lack of empathy or misapprehension by the consumers towards the subject, based on the creators potrayal, necessitate a discussion of the subjects privacy and personality rights.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

SpicyIP Weekly Review (December 23 – December 29)

SpicyIP

Delhi High Court Rulings on Celebrity Rights Galore: Examining the Rajat Sharma and Mohan Babu Orders Celebrity (Rights) in the News Again: Rajat Sharma and Mohan Babu approached the court seeking permanent injunction restraining infringement of their personality and publicity rights.

article thumbnail

SpicyIP Weekly Review (July 10 – July 16)

SpicyIP

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.

article thumbnail

A Look Back at India’s Top IP Developments of 2021

SpicyIP

Similar to the Delhi High Court judgment above, this Court in its interim order found that a prima facie case had been established to uphold the petitioner’s right to be forgotten. In this case, the right to be forgotten was located in Article 21 of the Constitution and a post Puttaswamy framework.

IP 143
article thumbnail

Michelangelo’s David and cultural heritage images. The Italian pseudo-intellectual property and the end of public domain

Kluwer Copyright Blog

107-108 of the Legislative Decree 42/2004 , Cultural Heritage Code “Codice dei Beni Culturali” (the public law on the regulation of cultural heritage) and, by analogy, art. In particular, under EU law the Italian public cultural property seems to be inconsistent with art. The Tribunale di Firenze applied the Italian law: art.

article thumbnail

The puzzled tie of copyright, cultural heritage and public domain in Italian law: is the Vitruvian Man taking on unbalanced proportions?

Kluwer Copyright Blog

The Court applies Italian law cross-border to the unitary set of conducts, based on an economic-functional link among all company divisions, indicating as the main criterion of connection with Italian jurisdiction the forum damni ex Article 20 of the Italian code of civil procedure (c.p.c.), which refer to a person’s rights to name and image.