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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.
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.
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]
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, the protection, enjoyment, and enhancement of Europe’s cultural heritage is far from being merely national business. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.
An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy. Previously , the right had been discussed in the context of individual’s names appearing in judgments. Novex Communications Pvt Ltd v.
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.
We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personalityrights. The plaintiff further argued that he was the lawful successor to the personalityrights of the late actor. Her area of interest lies in IP and corporate law.
[iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. Going ahead in this fast-forwarding world, publicity rights concerning sports in India will develop and can reach a high of excellent dominance like European countries.
Personal Branding. What is Right of Publicity? Who is affected by the Right of Publicity? PersonalRights vs. Property Rights. The implications of the Right of Publicity. This right is often exploited by businesses who wish to use an individual’s name or image to sell products or services.
The relevant sections allow the plaintiff to file a suit before a Court within whose jurisdiction he resides, carries on business or works for gain. Bharathwaj Ramakrishnan discusses this issue. Veekesy Rubber Industries Pvt Ltd. Previously the Court had issued an interim injunction and via this order, the Court refused to lift the same.
Professional sports is a multi-billion dollar industry where athletes are beginning to find ways to leverage and add value to their own personal brands. In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’.
While AI-generated prompts streamline our daily lives, they also pose significant privacy risks. The more streamlined and personalized the responses, the more data is stored in databases, which AI then draws on to create future responses. This data can range from personal to general information. Rajagopal v. State of Tamil Nadu.
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.
Pandemic Push: Royalty-Based Business Model for Better Downstream Revenue for Musicians. She emphasises that there exists the possibility of only big artists in the industry being able to cash in on this, as it generally tends to happen with any such new technology or business model. Other Posts.
are typically objected to on the grounds of personalityrights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation. In the Amarnath Sehgal Case , the Court also stated that the mural, the work in question, is a “modern national treasure of India”.
This unauthorized usage may also give rise to breaches of confidence or violations of privacy. While economic interests can be quantified and compensated monetarily, non-economic concerns such as privacy violations, damage to reputation, and mental distress may not be entirely redressed through financial means.
On the one hand, there are privacy and data protection concerns, as this is a particularly intrusive form of data processing. As a next step, the SPC Provisions enumerate certain activities that infringe the personalityrights and interests of natural persons. These are only allowed when there is a clear legal basis.
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. Publicity Rights and the Right to Privacy in India, 31.1
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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