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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.
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?
Comparing the approaches of the Courts vis a vis personalityrights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava. Comparing the approaches of the Courts vis a vis personalityrights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava.
Wanjiru argued that the motive of using the photograph was commercial gain seeing as people would pay to take the advertised courses and that the use of her image resulted in people assuming that there was an employment or a brand ambassador contract between the parties when there was none.
Publicity rights have attracted considerable recognition in the field of intellectual property rights. Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personalbrand.
The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.
CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders. The most common example is the IPL, which had its broadcast rights with Sony Network Picture for the first ten years before being acquired by Star India. They include the crew, the cast, and the location.
She highlights that the emphasis is on investing only in royalty revenue and not buying the artist’s rights or retaining control over their work. NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales.
The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.
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