IP and Legal Filings

APRIL 8, 2023

Celebrities have objected to this because it interferes with their personal lives and their right to privacy. Every individual has the right to control his or her own life and image as it is portrayed to the rest of the world. The Indian Copyright Act of 1957 forbids and punishes acts of piracy.

Privacy 98

Privacy Law Intellectual Property Music 98

SpicyIP

AUGUST 26, 2024

Neela Film”), issued an ex-parte ad-interim injunction against the defendants, including websites, e-commerce platforms, YouTube channels and ‘John Doe’ parties, restraining them from infringing the copyright and trademark of the makers of the popular Hindi television sitcom “Taarak Mehta Ka Oolta Chashma” (“TMKOC”).

Personality Rights 110

Personality Rights Privacy Copyright Trademark 110

Selvam & Selvam Blog

MAY 28, 2024

In response to these threats, many popular personalities have started trademarking their names to protect their goodwill and reputation from being misused by technology. To be honest, under the current system, the scope of protection is limited.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 52

Selvam & Selvam Blog

AUGUST 6, 2024

Codible Ventures LLP and Others , the Bombay High Court addressed a legal dispute of infringement of personality rights through the use of AI. The boundaries of these rights are being pushed in new ways as AI systems now have the ability to create believable images, voices, signatures, photograph and even personae.

Personality Rights 52

Personality Rights Moral Rights Privacy Blogging 52

The IPKat

SEPTEMBER 19, 2022

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. Paragraph 31].

Privacy 97

Privacy Personality Rights Advertising Advertising 97

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

Kluwer Copyright Blog

APRIL 29, 2024

In this context of international and EU legal obligations to protect cultural rights, the EU has set a legal imperative to protect the public domain. This results in violating the principle of the numerus clausus of intellectual property rights and a significant distortion in the implementation of EU law in the country.

Public Domain 132

Public Domain Artwork Copyright Marketing 132

SpicyIP

MAY 21, 2024

Comparing the approaches of the Courts vis a vis personality rights 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 personality rights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava.

Personality Rights 45

Personality Rights Editing Trademark Blogging 45

IP and Legal Filings

APRIL 10, 2025

Though no definition for celebrity is to be found in any statute but the word Performer has been defined in the section 2(qq) of the Indian Copyright Act. This grants celebrities to capitalize on their brand value and at the same time protect it under the realm of privacy rights.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

IP and Legal Filings

NOVEMBER 23, 2023

Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personal brand. Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999. iv] The Copyrights Act, 1957. [v]

Intellectual Property 105

Intellectual Property Privacy Brands Branding 105

The IPKat

NOVEMBER 26, 2022

It is also a question without an easy answer, given the conflicting rights and interests that come into consideration and require to be fairly balanced. It is worth recalling that this is not a court on the merits, but is rather tasked with ensuring the correct interpretation and application of the law.

Law 142

Law Privacy IP Personality Rights 142

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 80

Editing Intellectual Property Privacy IP 80

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws. Of note, in DRG Inc.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

IP and Legal Filings

JANUARY 27, 2025

The journalist sought a permanent injunction, contending the wrongful use of AI infringed IP and personality rights. These uncanny and exact replications of celebrity voices and visuals lead to a world of problems not just from a privacy point of view, but in general IP as well. With AI, this aspect has been eradicated.

Intellectual Property 104

Intellectual Property Music Art IP 104

SpicyIP

MARCH 9, 2025

ANI vs OpenAI: Why Delhi High Court Has Jurisdiction While OpenAI has argued that the DHC does not have jurisdiction to entertain the suit filed by ANI, a close look at the Copyright Act and CPC says otherwise. Read the post for more details. Consequently, the plaintiffs’ claims for infringement, passing off, and damages were rejected.

Trademark 58

Trademark Patent Copyright Patent Application 58

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

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.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

Olartemoure Blog

JULY 17, 2024

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. This means the tattoo artist holds the exclusive rights to reproduce, distribute, and display the design.

Intellectual Property 52

Intellectual Property Moral Rights Art Brands 52

Canadian Intellectual Property Blog

JUNE 10, 2020

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. It is sufficient that the privacy of the plaintiff was egregiously violated.

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 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

IP and Legal Filings

APRIL 19, 2023

Introduction Personality rights 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.

Personality Rights 98

Personality Rights Privacy Moral Rights Copyright 98

IP and Legal Filings

AUGUST 26, 2024

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 personality rights in India. Topps Chewing Gum Inc. [2]

Personality Rights 52

Personality Rights Privacy Intellectual Property Law Intellectual Property 52

SpicyIP

JULY 27, 2023

Factual Background The case at hand involved the plaintiff seeking an interim injunction against the defendants to restrain them from using the name/likeness of the late actor unauthorizedly through the release of the impugned film amounting to infiltration of personality rights, violation of free trial, passing off et al.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

SpicyIP

JULY 13, 2021

Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. The plaintiff censured the defendants for violating privacy, right to publicity, free and fair trial, also invoking the Ashok Kumar jurisdiction of the court. Brief facts. Court’s reasoning.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

SpicyIP

JULY 9, 2021

Recently, a copyright infringement suit had been filed before the District Court, Trivandrum, against Facebook India. Being his sole legal heir, the copyright in these works is held by Sweety Priyanka Vempati Ravi Shankar. The Right to Integrity. Here, there was no discussion if privacy survives an individual’s death.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

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. Human author It is well known that copyright protects products of the human mind (see Feist v. 99 (1879) ).

Copyright 138

Copyright Derivative Work Music Copying 138

SpicyIP

JULY 17, 2023

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 personality rights. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. Her area of interest lies in IP and corporate law.

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

SpicyIP

SEPTEMBER 8, 2024

Image from here Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous Personality Rights By Julia Anna Joseph and Snehal Khemka Generative Artificial Intelligence (“AI”), a game-changing phenomenon in modern day life creates art, plans daily tasks, analyzes data, generates music, and much more.

Personality Rights 45

Personality Rights Privacy Art Music 45

Intepat

MAY 16, 2023

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. Additionally, Sec.

Brands 98

Brands Branding Branding Personality Rights 98

SpicyIP

JULY 19, 2021

Adyasha notes that while the Copyright Act deems the producer of a film as its author, that doesn’t imply that author and copyright owner would necessarily remain the same perpetually. She highlights that the Court refused to afford post mortem protection to personality rights of the actor. 14 July, 2021].

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

IP and Legal Filings

JULY 23, 2024

Additionally, it is challenging to even establish the relationship between the author and the user of the copyright to determine the royalties’ obligations. 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.

Music 59

Music Copyright Personality Rights Technology 59

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. Such treatment usually amounts to violations of the moral rights of the author.

Moral Rights 113

Moral Rights Personality Rights Copyright Privacy 113

SpicyIP

DECEMBER 29, 2024

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.

Journalism 52

Journalism Trademark Registering Trademarks Business 52

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 Indian Performing Right Society Limited (IPRS) v. Both suits were filed before the 2012 amendment to the Copyright Act. Piyush Subhashbhai Ranipa v.

IP 143

IP Intellectual Property Copyright Trademark 143

Intepat

OCTOBER 28, 2024

One such issue relates to copyright, particularly in the context of NFTs. This article will delve into the key copyright challenges associated with NFTs and their implications for the creative industry. The NFT is a form of representation of the copyrighted work and is not the actual work. In Miramax v.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

IP and Legal Filings

DECEMBER 6, 2023

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. Puttaswamy (retd.) Union of India and Ors. Nonetheless, in R. Rajagopal v.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

SpicyIP

DECEMBER 31, 2024

Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court opined that the proviso under Section 33(1) of the Act, which mandates that license can only be issued via copyright societies, does not apply to sound recordings.

IP 105

IP Invention Patent Copyright 105

SpicyIP

NOVEMBER 8, 2024

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 personality rights to potential abuse and jeopardizes their career and livelihood.

Privacy 63

Privacy False Advertising Personality Rights Brands 63