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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.
Introduction Personalityrights refer to a person’s ability to safeguard his or her identity in the context of a property or privacyright. Celebrities value these rights since their names, images, or even voices may be inappropriately used in commercials by various businesses to increase sales.
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. Moreover, both in the EU and the US, privacy laws also come into play alongside intellectual property protections.
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 volume is a beautiful testimony to the work of late Shamnad Basheer, who co-edited the first edition.
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.
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.
Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.
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.
Raghuram Jaisukhram Chandrani the plaintiff (a descendant of late Jalaram Bapu) had claimed that Jalaram Bapu’s right to privacy and publicity would be violated if the defendants made a film about his life. Here, there was no discussion if privacy survives an individual’s death. In Akshaya Creations v. Relying on Puttaswamy v.
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. But the world does not end with "creator's rights."
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.
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?
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.
Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. Rothman (see here ) called no-privacy-rights-for-the dead doctrine . In this post, I will first discuss the current state of precedents in the context of posthumous rights. His previous posts can be accessed here.
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. InRaja Pocket Books v. Puttaswamy (retd.) Union of India and Ors.
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. Kaur, the defendants cannot claim infringement of their copyrights.
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