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Introduction Personalityrights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. Celebrities value these rights since their names, images, or even voices may be inappropriately used in commercials by various businesses to increase sales. Puttaswamy v.
This book review of Intellectual Property Law in Nigeria: Emerging Trends, Theories And Practice by Desmond Oriakhogba (University of the Western Cape, South Africa) and Ifeoluwa Olubiyi (Afe Babaloloa University, Ado-Ekiti, Nigeria) is kindly provided by Kasim Waziri , Professor of Law at the University of Abuja, Nigeria.
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.
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 personalityrights.
Here is our recap of last weeks top IP developments including summaries of the posts on Lemleys and Hendersons paper on AI Terms of Use Restrictions, CGPDTM order on the removal of a patent agent, Delhi HC order on disclosure of a PhD and Public Interest Need in PersonalityRights cases. Anything we are missing out on?
The courts’ approach in Krishna Kishore Singh and Deepa Jayakumar is well-reasoned, and it’s clear that courts are not in favour of post-mortem survival of publicity rights. It is pertinent to note that in case of unauthorised biopics, books, web-series, etc., Can publicity rights survive after a celebrity’s death? Rajagopal v.
If you’re selling your personalityrights, make sure you understand the implications!!! Book Review: “The Little Book of Foodie Law”. Case citation : Coscarelli v. Esquared Hosp. , 18-CV-5943 (JMF) (S.D.N.Y. The CourtListener page. The operative First Amended Complaint , para. Smashburger (Guest Blog Post).
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 personalityrights, violation of free trial, passing off et al.
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.
From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personalityrights : Since Shouvik’s 2010 post about Amitabh Bachhan’s concern over the use of his voice to sell Gutka (an addictive substance), we have come to a long way! Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.
Some of these were Rajat Nagi, who used the petitioner’s image in various mobile apps and websites, Rana Pratap Singh who used his famous voice in the Kaun Banega Crorepati (KBC) lottery scam, Manoj Publications who used his image in a General Knowledge Quiz book. What are Publicity Rights?
Licensing It denotes that the film is based on a previously published novel, book, or artistic work. Krishna Kishore Singh stated in court that no book, film, or television series based on his son’s life should be made without his permission.
3 in the suit, Manoj Publications was allegedly commercially exploiting association with the actor to sell general knowledge books on popular e-commerce platforms. The suit additionally sought to get a John Doe order for safeguarding the plaintiff’s rights against future instances of infringement. Defendant no. Defendant no.
As predicted in this space, Wired News reports that the publicity generated by Apple’s ham-fisted exile of a new book about Steve Jobs from its own stores has resulted in such strong demand for the book that the publisher, John Wiley & Sons, has “doubled the print run and moved publication forward a month to […] The post Good (..)
In Andersen’s district, “We came back in personright after COVID. Whether it’s an eBook or whether it’s a physical book in your hands, you look at that cover, you look at the summary, you try to build some background knowledge at what this could be about.
While copyright is distinct from other forms of intellectual property by focusing on personalrights, its primary role is to manage and protect knowledge. The course materials comprised pages compiled from various expensive books that the students couldn’t afford, but they had to read it for the purpose of their examination.
Codible Ventures LLP that has initiated a judicial discussion on the protection of artists’ personalityrights against the unauthorised use of their voices by AI tools. This decision is likely to influence future legal standards on personalityrights and the application of emerging technologies.
Donjinshiisa self-published fan bookthatuses the existing manga characters violating the personalityrights of the characters as was established in the famous caseof V.T. Afterward, the second world war did pose an interruption in the steady growth but in turn, it scaled the manga market to a whole new different level in 1947.
4] This is a notable case of cybersquatting where the popularity associated with the name of a person who has achieved a celebrity status was exploited. The plaintiff, a well-known political figure, while trying to book the domain name “www.arunjaitley.com” found that it was already registered with defendant no.
A film based on a book serves as an example. In this case, the author of the original work retains ownership of the original, while the author of the derivative work holds rights to the creative additions they have made.
Started in 2018, the 2nd edition of Overlapping IP Rights (OUP) was brought to completion in 2023 by his co-editor, the inimitable Prof Neil Wilkof, along with Prof Irene Calboli who came on as a co-editor following Prof Basheer’s demise. Therefore, necessitating study of these overlaps in pairs of IP rights as furthered by the book.
340 (1991) , Case C-5/08, Infopaq (2009) , Eastern Book v. They therefore introduced additional rights for derivative works, such as translations, film adaptations or musical arrangements (pp. A film adaptation cannot take over the elements of a book other than statements. Rural, 499 U.S. Modak (2008) 1 SCC 1 ).
Eastern Book Co. Shivam is a recent graduate of the Banaras Hindu University, Varanasi. Murray in his article Copyright, Originality, and the End of Scenes a Faire and Merger Doctrines for Visual Work (p.4) The Supreme Court of India in the landmark case of DB Modak v.
For example, according to the Guidelines, a university press has to pay the Public Sector (Ministry of Culture or public museum) for the reproduction, in a book, of images of public cultural property. The Tribunale di Firenze focuses attention on the provisions governing the concession of use of the cultural property (art.
Book Review Katfriend Maciej Padamczyk (Herchel Smith Doctoral Researcher, Research Associate QMIPRI) reviewed Research Handbook on Intellectual Property Rights and Inclusivity , edited by Cristiana Sappa.
When it comes to celebrities and other public figures, the laws across Canada have established various personalityrights to protect these individuals from the exploitation of their image or likeness. This stems from the idea that a person should have the exclusive right to market and/or capitalize on their personality and image.
Now in its second edition, the book offers a perspective on how one can address the overlap between intellectual property (IP) rights, either to reconcile them in whole or in part, or to pre-empt one over the other. The book closes with Chapter 21 by Susy Frankel, focusing on the interactions between IP and traditional knowledge (TK).
InRaja Pocket Books v. Radha Pocket Books,the plaintiff filed a copyright infringement case against the defendant for publishing a comic book character named ‘Nagesh’. It was the contention of the plaintiff that the defendant’s comic book character ‘Nagesh’ has identical characteristics as ‘nagraj’. 2007, I, no.
Here is our recap of last week’s top IP developments including summary of the posts on posthumous rights of artists, and book reviews of “Modern Law of Copyright in Singapore” and “Overlapping Intellectual Property Rights (2 nd Ed.). Md Sabeeh Ahmad shares his review of the book below. Anything we are missing out on?
Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. Bharathwaj explores this question in light of the recent controversy surrounding the use of late singer M.S Subbulakshmis name as part of an award. His previous posts can be accessed here. Image from here Music Academy v. Even though the Late M.S
Image Rights Alright—But Can They Trump Established Rights and Doctrines? Image from here The Delhi High Court’s recent interim injunction concerning Anil Kapoor’s personalityrights throws up an important question- should such orders protecting personalityrights overlook the established principles and doctrines?
In a “Jhakaas” (a slang for fantastic) news for the actor Anil Kapoor, Delhi High Court granted the actor an interim injunction against use/ misuse of his personalityrights. Image from here Image Rights Alright—But Can They Trump Established Rights and Doctrines? Simply none. Anil Kapoor one being the latest.
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. Yogesh wrote a tidbit on this development.
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