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[PART II] Personality Rights in Spotlight Once More!: Analysing The DHC’s Karan Johar v.  India Pride Advisory Order 

SpicyIP

& Ors that has once again brought to the spotlight the debate of balancing the protection of celebrity personality rights and the freedom of expressions and parodical use. Rights or Wrong?: Are We Going in the Correct Direction for Personality Rights? India Pride Advisory Private Ltd. &

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Unreasoned Orders for Personality Rights

IP and Legal Filings

However, the order was brief and did not specify any statutory or common law basis for the protection of personality rights, merely citing Titan Industries as precedent. For example, can personality rights be viewed as an extension of the right to privacy? Spelling-Goldberg Prods., In Gautam Gambhir v.

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Advent of AI Voice Generation and Threat to Personality Rights

IP and Legal Filings

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 personality rights specifically. and includes both commercial and non-commercial aspects.

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Personality Rights – Is it enough to protect us from AI?

Selvam & Selvam Blog

Considering the same, the Courts have started providing remedies under the scope of personality rights wherein protection is granted against the unauthorized use of names, images, voice, likeness, dialogues or traits of popular celebrities.

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John Doe Order Issued Against “Taarak Mehta” Infringers: Revisiting the Rights Vested in Fictional Characters

SpicyIP

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 personality rights.

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Safeguarding Personal Names

Biswajit Sarkar Copyright Blog

Additionally, a name is a crucial element of personal branding, 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.

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Celebrity Rights: Understanding This Unique Right

IP and Legal Filings

This very curiosity of the people results in the media exploiting their freedom of speech and infringing upon the rights of the celebrities by capitalizing on their name and fame that they have toiled day and night to achieve. But it is not incumbent for a celebrity to be a performer for them to be entitled to protection of their rights.