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. Related posts : “ Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. The Ninth Circuit affirms in a memorandum opinion.

Privacy 116

Privacy Contracts Personality Rights Litigation 116

SpicyIP

JANUARY 2, 2022

An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy. Previously , the right had been discussed in the context of individual’s names appearing in judgments.

IP 143

IP Intellectual Property Copyright Trademark 143

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This unauthorized usage may also give rise to breaches of confidence or violations of privacy. While economic interests can be quantified and compensated monetarily, non-economic concerns such as privacy violations, damage to reputation, and mental distress may not be entirely redressed through financial means.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

Kluwer Copyright Blog

APRIL 29, 2024

The judicial reasonings ignored copyright legal provisions, applying cultural heritage law and taking a long-arm approach to cherry-picked legal norms (such as personality rights) to give significant leeway to the Italian government and cultural institutions to decide whether and to what extent reproductions of cultural heritage can be used freely.

Public Domain 132

Public Domain Artwork Copyright Marketing 132

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

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.

Brands 98

Brands Branding Branding Personality Rights 98

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 RIGHTS In Canada, individuals have the right to a reasonable expectation of privacy.

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

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 Patent Application Copyright 59

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

Olartemoure Blog

JULY 17, 2024

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. EXCLUSIONS AND DEFENSES TO IP INFRINGEMENT Several defenses exist for IP infringement in tattoos.

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

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

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

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

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 boundaries of these rights are being pushed in new ways as AI systems now have the ability to create believable images, voices, signatures, photograph and even personae.

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 6, 2024

V Shrinivasan: “Will”ing Posthumous Privacy/Publicity Rights into Existence By Bharathwaj Ramakrishnan In a recent interim order (see here for a news report on this development, and for the Order see here ( pdf )) issued by the Madras HC in the case of Music Academy v. His previous posts can be accessed here.

Privacy 59

Privacy Music Law Personality Rights 59

IP and Legal Filings

DECEMBER 6, 2023

Right To Publicity- A Constitutional Right The right of publicity stems from the right of privacy. But right to privacy only came to be recognised as a fundamental right in the year 2017 in the case of Justice K.S. Publicity Rights and the Right to Privacy in India, 31.1

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

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. The legislation has previously been extensively discussed on the blog.

IP 105

IP Invention Patent Copyright 105

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