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This obligation serves as a check against arbitrary exercise of judicial power, which is in line with Article 14 of the Constitution and the principles of natural justice. However, the order was brief and did not specify any statutory or common law basis for the protection of personalityrights, merely citing Titan Industries as precedent.
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.
Every day we come across many such influencers and celebrities endorsing products wherein the personality of an individual is traded either by validation or without. Living in an era where influential personalities are reverenced, fortifying PersonalityRights from any such misuse is a must. PERSONALITYRIGHT.
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.
The article endorses an intellectual property approach to understand the right and its infringement. This is achieved by understanding the parallels between publicity right and trademarklaw. Towards the end, the article contemplates whether India really needs a sui generis legislation on publicity rights or not.
Recently, Amitabh Bachchan’s voice and his image had been used by various persons for commercial purposes without his consent. Since he is a well-known person and has publicity rights attached to his name and photographs, the infringers faced legal action. What are Publicity Rights? Under this Act, Sec.
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.
Accordingly, any unauthorized use of any kind of logo or symbol associated with any event, can make a case of trademark infringement. PersonalityRights. With specific reference to India, personalityrights are considered a part of the right to privacy guaranteed under Article 21 of the Indian Constitution.
[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.
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. Article 11.7 Article 13.2 Nagarathna and Justice Sanjay Karol.
This article is divided into two parts. The first part of this article explained the meaning of publicity rights and delved into the facet of legal recognition of publicity rights in jurisdictions other than India. First Part Right of Publicity Published on Mondaq. Puttaswamy (retd.) Union of India and Ors.
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