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Recently, a copyrightinfringement suit had been filed before the District Court, Trivandrum, against Facebook India. A copyright holder has the exclusive right to communicate his work to the public and as the plaintiff’s sound recordings were used without authorisation, copyrightinfringement could be easily proved.
With respect to the moralright of public “disclosure”, the Court concludes that such right has not been infringed by Mango, since the Paintings were publicly disclosed decades ago with the Authors’ consent. Therefore, the moralright of “disclosure” had already been exhausted.
In India, personality rights are not formally recognised. However, the twin concepts of privacy and publicity rights are gradually evolving through judicial interpretations. The issue of safeguarding personality rights has grown in prominence because of the rising exploitation of various celebrities and renowned individuals.
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.
Topics include access and substantial similarity, fair use, performers’ rights, moralrights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. More information about this event here.
Perhaps one of the most salient legal issues is whether there is copyrightinfringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,
Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on MoralRights and Posthumous Enforcement of Celebrity Rights. The plaintiff also claimed violation of moralrights and infringement of posthumous celebrity rights. Patent v.
Moreover, both in the EU and the US, privacy laws also come into play alongside intellectual property protections. However, this order is bound to attract attention for rightly emphasising the importance of safeguarding personality rights in the digital age, where AI tools can easily replicate a celebrity’s personal attributes.
Topics will include access and substantial similarity, fair use, performers' rights, moralrights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here.
Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moralrights, contracts, passing off and copyrightinfringement.
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