SpicyIP

FEBRUARY 10, 2024

Whether the government plans to amend the Copyright Act of 1957 to update copyright laws to cover AI-generated content. Considering these factors, completely dismissing the idea of a specialized regime to address copyright protection for AI innovations may not be in our best interest. Is It Though?

Moral Rights 113

Moral Rights Copyright Infringement Related Rights Government 113

Kluwer Copyright Blog

APRIL 5, 2023

The Court applies Italian law cross-border to the unitary set of conducts, based on an economic-functional link among all company divisions, indicating as the main criterion of connection with Italian jurisdiction the forum damni ex Article 20 of the Italian code of civil procedure (c.p.c.), which refer to a person’s rights to name and image.

Public Domain 98

Public Domain Copyright Law Artwork 98

IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Current State of the Law on Tattoo Designs.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

SpicyIP

AUGUST 22, 2021

PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. The post covers the prevailing precedents on the matter. You can read our posts on the report here , here , here , here and here.

Personality Rights 119

Personality Rights Reporting Social Media Brands 119

The IPKat

SEPTEMBER 22, 2023

This book review of Intellectual Property Law in Nigeria: Emerging Trends, Theories And Practice by Desmond Oriakhogba (University of the Western Cape, South Africa) and Ifeoluwa Olubiyi (Afe Babaloloa University, Ado-Ekiti, Nigeria) is kindly provided by Kasim Waziri , Professor of Law at the University of Abuja, Nigeria.

Intellectual Property Law 81

Intellectual Property Law Intellectual Property Law IP 81

SpicyIP

JULY 29, 2021

This post only deals with copyrightability of fonts from artistic work perspective and does not explore the copyrightability of fonts as code or literary works. Debunking the ‘no copyright for fonts’ Argument. This is perhaps why fonts cannot be copyrighted in the US. Conclusion.

Copyright 126

Copyright Artistic Work Copyright Law Law 126

Technology & Marketing Law Blog

DECEMBER 27, 2021

Team Chloe includes attorneys of record from three different law firms. Yet, none of them successfully discouraged a copyright claim over recipes… Carly Ann Kessler , Oppenheim & Zebrak, LLP [she changed her name to Carly Kessler Rothman]. Because copyright law lets me, I’m reproducing the dog treats recipe below.

Copyright 144

Copyright Social Media Copying Blogging 144

SpicyIP

FEBRUARY 17, 2025

Highlights of the Week ANI vs OpenAI: Indias Copyright Act is outdated. India’s copyright law does not envision an exception permitting LLM trainings from copyrighted materials. Additionally, it is right-holder centric favouring authors and encouraging them to control the use of their works in new markets.

Trademark 59

Trademark Copyright Registration Personality Rights 59

IP and Legal Filings

JANUARY 27, 2025

In India, most notably videos of the popular TV personality Rajat Sharma were seen circulating online where he was seen spreading misinformation, damaging his reputation as a credible journalist. The journalist sought a permanent injunction, contending the wrongful use of AI infringed IP and personality rights.

Intellectual Property 104

Intellectual Property Music Art IP 104

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

IP and Legal Filings

APRIL 10, 2025

With the emergence of Intellectual Property 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. under the trademark laws.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

SpicyIP

SEPTEMBER 12, 2024

About the 2nd Edition As stated in the preface to the 1st edition of the book, the idea behind the book’s theme at large, stems from a question by one of Wilkof’s students on how laws address the intersection between copyrights and trademarks and the ensuing realisation by him about the general lack of secondary sources on this issue.

Editing 81

Editing Intellectual Property Privacy IP 81

IP and Legal Filings

NOVEMBER 23, 2023

Introduction There is no exact legislation in India concerning regulating the publicity rights of a sports athlete. Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i]

Intellectual Property 105

Intellectual Property Privacy Brands Branding 105

Olartemoure Blog

JULY 17, 2024

Tattoos are not just body art; they are unique expressions of personal identity. THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyright laws as original works of art. When a tattoo design is created and inked onto skin, it automatically gains copyright protection.

Intellectual Property 52

Intellectual Property Moral Rights Art Brands 52

SpicyIP

DECEMBER 20, 2023

Spadika Jayaraj discussed a case where the Delhi High Court dismissed a suit by a media house accusing copyright infringement on its database of users. The issue has often arisen in the context of protecting confidential information through copyright law. E.g., see Prateek Surisetti’s post here and Niyati Prabhu’s post here.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Intepat

SEPTEMBER 27, 2024

Introduction Intellectual property laws are generally divided into industrial property and copyright. While copyright is distinct from other forms of intellectual property by focusing on personal rights, its primary role is to manage and protect knowledge.

Intellectual Property 52

Intellectual Property Publishing Copyright Law Copyright 52

43(B)log

AUGUST 9, 2024

Canada: determined as matter of common law. Australia adopted a similar law (includes weighing of harm to others and whether other injunctions have been issued). We’re in a very different place: now Google can do no right on Capitol Hill. Previously, Mexican law already had remedies for © owners. EU: statute.

Fair Use 59

Fair Use Moral Rights Law IP 59

IIPRD

AUGUST 11, 2023

Image Sources: Shutterstock] ‘Donjishi’ is another form of copyright infringement of a manga creator. Donjinshiisa self-published fan bookthatuses the existing manga characters violating the personality rights of the characters as was established in the famous caseof V.T.

Art 52

Art IP Intellectual Property Copyright 52

IP and Legal Filings

FEBRUARY 20, 2024

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 personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. Interesting right? Puttaswamy v.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

Traverse Legal Blog

OCTOBER 24, 2024

Prevents Commercial Gain: Prevents others from profiting from using a person’s identity without permission. Enforced by Law: Individuals can take legal action against those who violate their right of publicity. State Variations: The right of publicity is recognized in most U.S. 3d 1268, 1273 n. 4 (9th Cir.

Social Media 98

Social Media Copyright Infringement Copyright Law 98

IP and Legal Filings

OCTOBER 11, 2022

Every day we come across many such influencers and celebrities endorsing products wherein the personality of an individual is traded either by validation or without. Living in an era where influential personalities are reverenced, fortifying Personality Rights from any such misuse is a must. PERSONALITY RIGHT.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

Intepat

MAY 16, 2023

This brings us to the question of whether the usage of such photographs is lawful or not, regardless of the person being a celebrity. Recently, Amitabh Bachchan’s voice and his image had been used by various persons for commercial purposes without his consent. What are Publicity Rights? Under this Act, Sec.

Branding 98

Branding Brands Branding Personality Rights 98

IP and Legal Filings

JULY 23, 2024

As a result, the method of Voice Cloning begs important issues about its legality and whether it can be copyrighted as listeners attempt to distinguish between the voices. Image Sources: Shutterstock] Original works of authorship fixed in a physical medium of expression are safeguarded by Indian copyright law. According to R.G.

Music 59

Music Copyright Personality Rights Technology 59

The IPKat

SEPTEMBER 24, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. The problem is not human, but the work In fact, the whole issue is not about a person, but about a work.

Copyright 138

Copyright Derivative Work Music Copying 138

SpicyIP

MAY 3, 2023

are typically objected to on the grounds of personality rights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation. This is coupled with a dismal lack of awareness of rights (especially of the non-economic kind) available under copyright law amongst authors in India.

Moral Rights 114

Moral Rights Personality Rights Copyright Privacy 114

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected. Bolt Technology v. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

APRIL 3, 2025

The study provides evidence for the personality-rights theory of copyright law, predominant in continental Europe, which emphasizes a close personal bond between creators and their creations.

Artwork 52

Artwork Copyright Law Personality Rights Art 52

Intepat

OCTOBER 28, 2024

India’s Stand on NFT There is no law in India to regulate NFTs. The only law in India which talks about NFTs is the Income Tax Act 1961, which includes non-fungible tokens under the definition of virtual digital assets. Issues Pertaining to the Use of NFTs in Copyright Firstly, there is no legislation to regulate the NFTs in India.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

SpicyIP

JUNE 17, 2024

Recognizing Karan Johar’s personality rights, the Bombay High Court grants an interim injunction to the director, restraining the release of the film “Shaadi ke Director Karan aur Johar”. Youtube removes Chahat Fateh Ali Khan’s recent song “Bado Badi” over copyright infringement.

Designs 59

Designs Design Trademark IP 59

SpicyIP

DECEMBER 31, 2024

With the number of developments happening, were bound to have missed some important developments, but weve done our best to include developments from different parts of the country, as well as different areas of IP law!Are Check IPRment Laws post on this decision for a detailed discussion) The judgement was passed by Justice R.

IP 105

IP Invention Patent Copyright 105

SpicyIP

NOVEMBER 8, 2024

He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. Image from here [Part II] The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet…… The Show Must Go On? Akshat is a practicing litigator working at Saikrishna and Associates. His previous posts can be found here.

Privacy 64

Privacy False Advertising Personality Rights Brands 64