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The development of Artificial Intelligence, from being able to create edited photos to now generating deepfake videos that cannot be distinguished from real videos, has created an imminent threat to intellectual property rights and personalityrights specifically. and includes both commercial and non-commercial aspects.
Explaining why and how such seemingly innocuous posts infringe on the shooter’s personalityrights, we are pleased to bring to our readers this post by SpicyIP intern Tejas Misra. Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts?
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.
In a guest post , Satchit Bhogle covered the issue of infringement of personalityrights. It is noted that the test for identifying infringement of personalityrights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion. News from India.
Additionally, a name is a crucial element of personalbranding, influencing perceptions, forming first impressions, and conveying character. For renowned figures, the importance of their name extends to public perception, brand identity, and professional success. It distinguishes us and shapes our sense of self.
This means the tattoo artist holds the exclusive rights to reproduce, distribute, and display the design. COMMISSIONED TATTOOS AND OWNERSHIP When commissioning a tattoo, clients pay for the service, not the copyright. MORAL RIGHTS AND TATTOOS Moral rights protect artists’ personal and reputational interests.
PPL, claiming ownership over public performance rights via assignments from music labels, alleged infringement after its representatives discovered unlicensed use of its repertoire. Despite being served, the defendants failed to appear or contest the claims, leading the Court to grant a permanent injunction and 5,00,000 in damages.
Ochoa authors Chapter 9, which is devoted to the overlaps between copyright and the rights of publicity or personalityrights. The hypothetical for this chapter is the case of paparazzi taking a picture of a celebrity and selling it for merchandising use. The analysis is offered from the US, the UK, and the EU perspectives.
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.
It is important that the rights of the individual athlete or the team can be protected. In sports, a chain of title has relevance within their agreement, which includes the release of the athletes talents so that their talent can be branded for profit. Therefore, the personality of the player becomes a brand in itself.
Recently, Bollywood Director Karan Johar [1] filed a case against the makers of “Shaadi Ke Director Karan Aur Johar” for using his name in the title of their movie without permission, this lawsuit has sparked again the debate relating to personalityrights in India. Topps Chewing Gum Inc. [2] Rajagopal v.
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.
Intergrow Brands Pvt. The Court expressly held that ownership of copyright by producers does not limit the composers copyright. Ltd vs Wipro Enterprises Private Limited on 10 May, 2024 (Kerala High Court) The present hearing was against an ad hoc interim injunction passed by a District Court. The Peppy Stores & Ors.
[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).
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.
. “It Protects Them From Exploitation” The Claim : Capitalizing on celebrities’ identity subjects their personalityrights to potential abuse and jeopardizes their career and livelihood. Publicity rights, on the other hand, primarily benefit those who are already successful and wealthy.
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