Intepat

NOVEMBER 4, 2024

Recently, the courts have also recognized the commercial right over one’s personal data as a part of intellectual property rights. These commercial rights, also known as personality rights, seek to protect the personal data of celebrities from potential misuse. Rajagopal v. State of Tamil Nadu.

Intellectual Property 52

Intellectual Property Privacy Intellectual Property Law Personality Rights 52

SpicyIP

FEBRUARY 17, 2025

The top two entries will be awarded with some cash prizes and also with a chance to be published on the blog! The unauthorized commercial exploitation of Late Ratan Tatas name and image was also recognized as a violation of personality rights. vs Dr. Rajat Shrivastava & Ors.

Trademark 59

Trademark Copyright Registration Personality Rights 59

Technology & Marketing Law Blog

MARCH 23, 2022

This is a putative class action lawsuit against a people search company for allegedly misusing publicity and personality rights by displaying images contained in yearbooks. appeared first on Technology & Marketing Law Blog. Judge Chen (of the Northern District of California) answered this question “no”. Facebook.”.

Privacy 116

Privacy Contracts Personality Rights Litigation 116

McBayer IP Blog

MARCH 24, 2022

More > Tags: college athletes , collegiate athletics , Intellectual Property , Name, Image, and Likeness , NCAA , personality rights. This new law opens up many doors for college athletes to benefit from their most closely held intellectual property—themselves.

Intellectual Property 96

Intellectual Property Law Personality Rights 96

SpicyIP

JULY 27, 2023

Factual Background The case at hand involved the plaintiff seeking an interim injunction against the defendants to restrain them from using the name/likeness of the late actor unauthorizedly through the release of the impugned film amounting to infiltration of personality rights, violation of free trial, passing off et al.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

Kluwer Copyright Blog

JUNE 14, 2023

The decision mirrors the recent order, in a summary judgment, of the Civil Court of first instance of Venice (Tribunale civile di Venezia) in the Vitruvian Man (Uomo Vitruviano) case commented on by Giulia Dore on this blog. 106), the instrumental use and reproduction (art. 107) and the concession fees and reproduction fees (art.

Public Domain 98

Public Domain Intellectual Property Art Personality Rights 98

Nelligan Law

MARCH 25, 2025

He also understood the power of his own story, safeguarding his image through personality rights and exercising control over how his likeness was used. Rather than building companies from the ground up, he partnered with trusted firms through royalty-based agreements that scaled efficiently while protecting the integrity of his brand.

Business 52

Business Brands Branding Branding 52

SpicyIP

FEBRUARY 10, 2024

This discourse ends with pointing out that since enforcement of IPR is the responsibility of rights holders there are civil and criminal remedies available for infringement as well as digital circumvention, the law is good as is. Is It Though?

Moral Rights 113

Moral Rights Copyright Infringement Related Rights Government 113

IPilogue

DECEMBER 9, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. It’s no secret that memes have taken the internet by storm. According to s.3(1)

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

These affected rights encompass personality rights, representing a distinctive form of intellectual property that transcends mere financial considerations. Personality rights, being non-inheritable and non-assignable, highlight the personal and non-transferable essence of this form of intellectual property.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

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?

Brands 98

Brands Branding Branding Personality Rights 98

Kluwer Copyright Blog

APRIL 29, 2024

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 ).

Public Domain 132

Public Domain Artwork Copyright Marketing 132

SpicyIP

MARCH 9, 2025

Other Posts Call for Submissions: Indian Journal of Law and Technology [Volume 21] and IJLT Blog (Submissions on Rolling Basis) NLSIUs Indian Journal of Law and Technology (IJLT) is inviting submissions for Volume 21 of the Journal and the IJLT Blog, on a rolling basis.

Trademark 59

Trademark Patent Copyright Patent Application 59

Velocity of Content

JUNE 25, 2024

Educators are increasingly seeking culturally responsive, personalized resources to meet the diverse needs of their students and to support closing learning gaps. In Andersen’s district, “We came back in person right after COVID. But some families still chose to do more of a virtual, remote-type learning.

Copyright 98

Copyright Licensing Blogging Publishing 98

SpicyIP

SEPTEMBER 25, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Wondering what IP developments took place last week? Lokesh discusses the case in this short tidbit post.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

SpicyIP

DECEMBER 20, 2023

As time passed, several developments happened on this front and there were brilliant posts on the blog, e.g. by Mrinalini Kochupillai , Prof. (Dr.) While there has always existed an arguable case for personality rights in India, the winning stakes have gotten higher and clearer over the years. Trivedi , Mr. Essenese Obhan.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

SpicyIP

JULY 19, 2021

She highlights that the Court refused to afford post mortem protection to personality rights of the actor. Nishtha emphasises that in determining whether the deceased possessed personality rights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

JANUARY 2, 2022

The petitioner contented that Jayalalithaa’s personality rights and her family’s privacy rights should be protected and that the productions may be incorrect and misleading. The significance of the report and its issues have been extensively covered on the blog here.

IP 143

IP Intellectual Property Copyright Trademark 143

Selvam & Selvam Blog

NOVEMBER 30, 2022

The suit additionally sought to get a John Doe order for safeguarding the plaintiff’s rights against future instances of infringement.

Personality Rights 52

Personality Rights Television Registration Technology 52

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

Kluwer Copyright Blog

APRIL 5, 2023

On top of that, as the case demonstrates, the public domain may receive other threats from an aggressive extension of the scope of personality rights. 15 B.C.). As an additional remark, this is particularly true in a situation like the one under consideration, where the work is significant for humanity at large.

Public Domain 98

Public Domain Copyright Law Artwork 98

Selvam & Selvam Blog

APRIL 5, 2022

Personality Rights. Also referred to as publicity rights, it is defined as the right of a person to his/her own personality and provides for the right to control commercial use of one’s human identity. Indian courts have over time recognized personality rights of celebrities in different judgments.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

Olartemoure Blog

JULY 17, 2024

These rights include the right to attribution and the right to object to derogatory treatments of the work. However, these rights can be limited by the tattoo bearer’s personality rights, as seen in some legal cases in Belgium. Personal use, parody, and incidental inclusion are common defenses.

Intellectual Property 52

Intellectual Property Moral Rights Art Brands 52

Selvam & Selvam Blog

MARCH 28, 2022

In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’. Therefore, an integral issue that needs to be addressed is whether the personality rights of a player are infringed by using their names in fantasy sports.

Trademark 52

Trademark Personality Rights Privacy Licensing 52

SpicyIP

NOVEMBER 19, 2023

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. A Division Bench of the Delhi High Court to hear appeal against the Single Judge order in the Sushant Singh Rajput personality rights case. Anything we are missing out on?

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

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

Canadian Intellectual Property Blog

JUNE 10, 2020

When it comes to celebrities and other public figures, the laws across Canada have established various personality rights to protect these individuals from the exploitation of their image or likeness.

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

SpicyIP

AUGUST 6, 2024

Codible Ventures LLP , marking a big step in the protection of artists’ personality rights against the unauthorised use of their voices by artificial intelligence (AI) tools. Second , in different places, the Court has used the language “Personality rights and right to publicity”.

Personality Rights 117

Personality Rights Moral Rights Music Technology 117

Intepat

SEPTEMBER 27, 2024

While copyright is distinct from other forms of intellectual property by focusing on personal rights, its primary role is to manage and protect knowledge. Introduction Intellectual property laws are generally divided into industrial property and copyright.

Intellectual Property 52

Intellectual Property Publishing Copyright Law Copyright 52

Kluwer Copyright Blog

AUGUST 7, 2023

5] Conversely, the Brazilian system is primarily rooted in personality rights, particularly human dignity as a constitutional basis to the Brazilian constitutional order, which is expressed by four different fundamental rights: (i) freedom, (ii) equality, (iii) physical and psychological integrity, and (iv) dignity stricto sensu. [6]

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

IP and Legal Filings

FEBRUARY 20, 2024

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 personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. Interesting right? Puttaswamy v.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Selvam & Selvam Blog

AUGUST 6, 2024

Codible Ventures LLP and Others , the Bombay High Court addressed a legal dispute of infringement of personality rights through the use of AI. The suit also involved a claim for the violation of his moral rights under Section 38B of the Copyright Act, 1957. In a recent judgment in the case of Arijit Singh v.

Personality Rights 52

Personality Rights Moral Rights Privacy Blogging 52

McBayer IP Blog

AUGUST 17, 2021

Posted In Intellectual Property , Name, Image, and Likeness , Publicity Rights Believe it or not, there are no federal statutes or case laws protecting your exclusive right to the use of your name, image, and likeness (NIL) or any other defining factor of your identity, such as your voice or signature.

Television 52

Television Personality Rights Intellectual Property Privacy 52

SpicyIP

JANUARY 10, 2025

Regarding personality rights and introducing a public interest test before granting protection to celebrities, Rebecca Cardoso, in this guest post, advocates for a balanced approach prioritizing protection against genuine harm instead of trivial grievances. Navigating Personality Rights Does Fame Have a Trade-Off?

Personality Rights 59

Personality Rights Fair Use Privacy Marketing 59

SpicyIP

DECEMBER 27, 2024

In recent times, the Delhi High Court has been spewing out decisions involving the Personality Rights 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. Bharti, Aditya, Aarav, Praharsh and Yukta).

Personality Rights 59

Personality Rights Due Diligence Registering Trademarks Social Media 59

SpicyIP

FEBRUARY 6, 2025

One place I could trace this proposition to is Novenco Building & Industry vs Xero Energy Engineering Solutions , a case discussed by Samridhi previously in the blog. Copyright in fictional characters has been extensively discussed in the blog. Interestingly, they have also been subject to protection under personality rights.

Copyright 59

Copyright Intellectual Property Copyright Infringement Trademark Law 59