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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.
However, this article will discuss the reasoning of the court with respect to relief claimed by the Plaintiff against a creator of a YouTube video who compiled the interviews of the plaintiff and depicted his personality as ‘thug life’ The plaintiff contended that such videos portrayed him in a derogatory manner. million views.
Background The plaintiff produces clothing and owns the copyright to photographs of such clothing. The plaintiff sued the defendant before the District Court of Hamburg arguing that the display of its photographs on Google constituted copyright infringement. German law had to be applied by virtue of Art. 8(1) Rome II Regulation.
This book review of IntellectualPropertyLaw 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.
When AI relies on extensive datasets, questions around the ownership, control, and protection of both personal and IP-related data become critical. AI’s capacity to generate content, inventions, and insights from this data intensifies concerns, not only about ownership but also about copyright and trade secrets. Rajagopal v.
The continuous technological advancements cause unexpected ways of copyright distribution and the broadcasting sector is not indifferent to it. Recent court decisions have clarified the scope of copyright in film screenplays, personalityrights, and underlying works concerning content creation and licensing in broadcasting.
Further, he questions whether even a Text Data Mining Exception is required in the Indian Copyright Act. Announcing the Winners of the 2024 Shamnad Basheer Essay Competition on IntellectualPropertyLaw! Announcing the Winners of the 2024 Shamnad Basheer Essay Competition on IntellectualPropertyLaw!
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.
Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 IntellectualPropertyLaw & Technology Intensive Program. The etymology of the word may make sense, but can the same image be copied over and over without intellectualproperty repercussions? Copyrighting a Meme.
These events point to two prevalent issues within the current legal framework: First, that current intellectualpropertylaws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyrightlaws.
Unless with his/her consent, the right to control the commercial use of his/her own identity should be exclusively theirs. Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person.
Monitoring and safeguarding these advancements in AI technology are crucial aspects to ensure the protection of intellectualproperty in this evolving landscape. While some data is publicly available and exempt from infringement concerns, others may be copyrighted, rendering their use subject to legal constraints.
Many companies exploit renowned person identities without obtaining proper consent, leading intellectualproperty experts to advocate for the safeguarding of image rights through registration under IntellectualPropertylaws.
Goldsmith et al sheds light on different perspectives of copyrightlaw 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.
With the greater increase of various leagues such as the IPL in cricket, or the NBA in basketball, various teams are formed by various individuals to assert a title in trademarks and copyrights, amongst other forms of IP so that profit can be maximised. The broadcasting rights, under the copyright act, are valid for 25 years.
Introduction Intellectualpropertylaws are generally divided into industrial property and copyright. While copyright is distinct from other forms of intellectualproperty by focusing on personalrights, its primary role is to manage and protect knowledge.
The rights in these photographs are typically subject to the licensing schemes of the various social media platforms to which they are posted. This is because the authors of these works, the photographers, own copyright in the images they create.
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.
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.
Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights? However, Indian law has indirect references for the protection of publicity rights.
Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on IntellectualPropertyLaw Prof (Dr.) Shamnad Basheer’s 48th birth anniversary today, we are excited to announce the 2024 Shamnad Basheer Essay Competition on IP Law! This and much more in last week’s SpicyIP Weekly Review. M/s Vans Inc.
Protection Of Publicity Right As A Well-Known Trademark Although, publicity rights do not have any statutory protection per se in the Indian Law, but publicity rights in some form are protected by The Trade Marks Act, 1999 and The Copyright Act, 1957. In another case of Indian Performing Rights Society v.
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