This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
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 intellectualpropertyrights and personalityrights specifically. Image Sources: Shutterstock] In D.M.
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 intellectualproperty protections.
Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personalityrights, Govt. Part II: The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet……. Part III: The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet……. The Show Must Go On?
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?
This Kat is pleased to review the “ Overlapping IntellectualPropertyrights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The analysis is offered from the US, the UK, and the EU perspectives.
Tattoos are not just body art; they are unique expressions of personal identity. But have you ever considered the intellectualproperty aspects surrounding tattoos? For example, if a tattoo features a recognizable brand logo or slogan, it could infringe on the trademark holder’s rights.
Announcing the Winners of the 2024 Shamnad Basheer Essay Competition on IntellectualProperty Law! PART I] PersonalityRights in Spotlight Once More!: India Pride Advisory Order Can a movie carrying the name of a personality be restrained from release citing infringement of personalityrights?
Considering the same, the Courts have started providing remedies under the scope of personalityrights wherein protection is granted against the unauthorized use of names, images, voice, likeness, dialogues or traits of popular celebrities. To be honest, under the current system, the scope of protection is limited.
Though boxing built his name, it was business and branding that cemented his legend. Behind that success was a masterclass in intellectualproperty. Foreman turned his name into a powerful brand, protected by an extensive network of trademarks and licensing agreements. In the mid-1990s, Foreman partnered with Salton, Inc.
Codible Ventures LLP and Others , the Bombay High Court addressed a legal dispute of infringement of personalityrights through the use of AI. The suit also involved a claim for the violation of his moral rights under Section 38B of the Copyright Act, 1957. In a recent judgment in the case of Arijit Singh v.
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.
With a passion for the dynamic intersection of law, media and technology, she is particularly interested in exploring intellectualproperty and tech policy. The PersonalityRights Conundrum The issue of personalityrights, however, leads us to a slightly trickier terrain. Baby Gift House & Ors.
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.
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.
Publicity rights have attracted considerable recognition in the field of intellectualpropertyrights. Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personalbrand.
Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 IntellectualProperty Law & Technology Intensive Program. The etymology of the word may make sense, but can the same image be copied over and over without intellectualproperty repercussions? Shayna Jan is a 3L J.D. According to s.3(1)
These agreements include the following: ● Artist agreement – When an artist does business with a company, an agreement is made between the parties because art is inherently subject to many IntellectualProperty issues.
With the emergence of IntellectualProperty as an important and relevant sector of law and awareness among people about securing and protecting the product of their intellect has resulted in the birth of several unique rights which can be protected and monetized under IP laws.
In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University.
It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.
PersonalBranding. What is Right of Publicity? Who is affected by the Right of Publicity? PersonalRights vs. PropertyRights. The implications of the Right of Publicity. Let’s start by discussing personalbranding. What is the Right of Publicity?
Almost every facet of the sports industry is now being tapped into and marketed and IntellectualProperty are valuable assets for these marketing tactics. Intellectualproperty is the asset that assists this commercialisation. It is important that the rights of the individual athlete or the team can be protected.
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.
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.
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.
What are Publicity Rights? Publicity rights or personalityrights are rights of an individual to control the commercial usage of their identities, such as name, image, voice, and any similar characteristics. However, Indian law has indirect references for the protection of publicity rights.
She highlights that the Court refused to afford post mortem protection to personalityrights of the actor. Nishtha emphasises that in determining whether the deceased possessed personalityrights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.
Professional sports is a multi-billion dollar industry where athletes are beginning to find ways to leverage and add value to their own personalbrands. In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’.
Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on IntellectualProperty Law Prof (Dr.) Intergrow Brands Pvt. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009.
[Delhi High Court] On September 20, the Delhi High Court granted relief to film actor Anil Kapoor against the unauthorised use of his image, name, voice, and other traits of his persona for monetary gain, reinforcing his personalityrights. Sarl a A Sarogi , where the Court affirmed the position on descendability of publicity rights.
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.
He is interested in intellectualproperty, tech law, and policy. Hussain Dalal , the Delhi High Court held that a dialogue in the movie ‘Yeh Jawaani Hai Deewani’ which incidentally comments on Roohafza has the potential to tarnish the reputation of the Roohafza brand and hence must be edited out before releasing the home video version.
Image from here [Part II] The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet…… The Show Must Go On? “It Protects Them From Exploitation” The Claim : Capitalizing on celebrities’ identity subjects their personalityrights to potential abuse and jeopardizes their career and livelihood.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content