The IPKat

AUGUST 31, 2024

the Bombay Court recently took a pro-publicity and -personality rights stance in an ex-parte ad-interim order concerning the unauthorized use and cloning of Indian artist Arijit Singh ’s voice by multiple defendants. In essence, Arijit Singh lamented a troubling array of violations of his publicity and personality rights.

Personality Rights 131

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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 111

Personality Rights Privacy Copyright Trademark 111

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 suit also involved a claim for the violation of his moral rights under Section 38B of the Copyright Act, 1957. In a recent judgment in the case of Arijit Singh v.

Personality Rights 52

Personality Rights Moral Rights Privacy Blogging 52

IPilogue

DECEMBER 9, 2021

Copyrighting a Meme. In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. The next component to copyright is authorship. Another key component of copyright , is originality: the work must be more than a mere copy ( CCH Canadian Ltd v. Authorship.

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Copyright Artistic Work Copying Intellectual Property 89

SpicyIP

FEBRUARY 17, 2025

[Thanks to Aditi, Khushi and Sudhanshu for the case summaries] Here is our recap of last weeks top IP developments including summary of the posts on the ANI vs OpenAI copyright case, CGPDTMs office being moved to Delhi, and exemption under Section 107A of the Patents Act. Highlights of the Week ANI vs OpenAI: Indias Copyright Act is outdated.

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Trademark Copyright Registration Personality Rights 59

Kluwer Copyright Blog

APRIL 5, 2023

which refer to a person’s rights to name and image. As it is evident, the image of the Vitruvian man is in the public domain and it has never been subject to copyright. provisions when drafting the domestic transposition of the EU provision, namely Article 32 of the Italian Copyright Act (l. 633/1941, l.

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Kluwer Copyright Blog

JUNE 14, 2023

This conceptual confusion hides the real interest at stake: the creation of a new form of pseudo-intellectual property (in this case, a pseudo-copyright) that would attribute to the Italian State the power to exclusively control the commercial use of cultural heritage images. The Tribunale di Firenze applied the Italian law: art.

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Public Domain Intellectual Property Art Personality Rights 98

SpicyIP

DECEMBER 23, 2024

on 5 December, 2024 (Delhi HC) The suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trade mark and copyright of the plaintiff, passing off the services as those of the plaintiff. Federated Hermes Ltd vs John Doe & Ors. The Court had earlier granted an ex-parte interim injunction.

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IP Trademark Registering Trademarks Personality Rights 59

IP and Legal Filings

APRIL 8, 2023

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.

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Privacy Law Intellectual Property Music 98

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]

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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. To address this, the appellant proposed amendments, primarily removing references to treatment and refining claim language.

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Trademark Patent Copyright Patent Application 59

The IPKat

SEPTEMBER 4, 2024

Overall, after Fauré Le Page Paris appealed to the Cour de Cassation where it referred the related questions on Art. AGA did not accept the sales of the cookers changed by the UKIG since they were no longer counted as the original AGA Cookers which led to the infringement of AGA`s trade mark rights. 3(1)(g) TMD2 to the CJEU.

Personality Rights 59

Personality Rights IP Copyright Art 59

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. The current statute provides protection of these celebrity rights under trademark law, copyright law as well as passing off action for infringing the said rights.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

IP and Legal Filings

FEBRUARY 23, 2023

They provide the creator a sole, time-limited right to make use of their invention. Patents, trademarks, geographical indications, industrial designs, layout-designs of integrated circuits, plant variety protection, and copyright are all examples of intellectual property. References [i] Civil appeal No. Paramasivam & Ors.

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Intellectual Property Confidentiality Litigation IP 98

The IPKat

NOVEMBER 26, 2022

Interestingly enough, there the CJEU referred to the principle of international comity to seemingly suggest the need for a certain self-restraint on the side of national courts or authorities contemplating issuing extraterritorial orders.

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Law Privacy IP Personality Rights 142

Intepat

DECEMBER 26, 2023

Broadly, AI refers to the capability of performing tasks or processing information using its own intelligence, algorithms, or commands, independent of human intervention. While some data is publicly available and exempt from infringement concerns, others may be copyrighted, rendering their use subject to legal constraints.

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Intellectual Property Invention Intellectual Property Law Personality Rights 52

IIPRD

AUGUST 11, 2023

However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use. Image Sources: Shutterstock] ‘Donjishi’ is another form of copyright infringement of a manga creator. For content piracy, Takeshobo Inc.,

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Art IP Intellectual Property Copyright 52

43(B)log

AUGUST 9, 2024

Cesar Ramirez-Montes, Digital User Rights in the Mexican Supreme Court Potential for global South to think of exceptions/limitations as user rights, using Mexico as a point of reference. Implementation also covers TPMs though overrides protections for out of copyright works. Result: DMCA-Plus approach to safe harbors.

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Fair Use Moral Rights Law IP 59

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.

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Personality Rights Privacy Moral Rights Copyright 98

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

Somewhat related to a claim of copyright infringement (and often preempted by such a claim – more on that later), is the claim for Right of Publicity. While sometimes available to any individual , Right of Publicity is typically aimed at protecting the name or likeness of famous individuals. 3d 1134, 1145 (9th Cir.

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Social Media Copyright Infringement Copyright Law 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] Rajagopal v.

Personality Rights 52

Personality Rights Privacy Intellectual Property Law Intellectual Property 52

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. referring to the DM Entertainment v. Celebrity Rights as Property?

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) ).

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Copyright Derivative Work Music Copying 138

SpicyIP

JULY 13, 2021

Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. I shall specifically be dealing with the contention around publicity rights. The plaintiffs’ claim which demanded recognition of post mortem rights thereby did not find favour with the court.

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Privacy Personality Rights Moral Rights Copyright 105

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.

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Branding Brands 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].

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IP and Legal Filings

JULY 23, 2024

This scenario begs ethical and legal questions about the use of voices for misleading reasons as well as a global discussion on the boundaries of artificial intelligence, particularly with reference to voice cloning. Delux Films & Ors [1] , the “original” work not the ideas or discoveries can be copyrighted exclusively.

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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 114

Moral Rights Personality Rights Copyright Privacy 114

SpicyIP

MAY 20, 2024

Bentley Systems Inc & Anr vs Pnc Infratech Limited & Ors on 13 May, 2024 (Delhi High Court) The plaintiff instituted the present copyright infringement suit against the defendant for continuing to use the plaintiff’s software after the expiry of its license. emphasizing on person skilled in the art. M/s Vans Inc. v Cipla Ltd.,

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SpicyIP

MAY 3, 2023

Views expressed here are those of the author’s] As previously discussed in Part I , Indian courts appear to employ a combination of the subjective and objective tests in determining a violation of the integrity right. In defamation, the cause of action cannot be exercised posthumously.

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Moral Rights Intellectual Property Settlement Copyright 105

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. While delineating the rights of the parties, the Court held that R.D Thus clarifying that copyright in the screenplay exists independently of the copyright in the film.

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

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IP Intellectual Property Copyright Trademark 143

SpicyIP

FEBRUARY 6, 2025

Naanum Rowdy Dhaan poster , Image taken from here Tamil film industry aka Kollywood The Nayanthara Dhanush copyright battle is escalating. Im not sure what delusion can mean in this context, and furthermore, I cannot think of any copyright related concept that might be connected to the standard word delusion.

Copyright 59

Copyright Intellectual Property Copyright Infringement Trademark Law 59

SpicyIP

JULY 10, 2024

In light of the ongoing dispute between the makers of the motion picture “Main Ladega” and the National Boxing Championship over the alleged use of the latter’s logo in the film, SpicyIP intern Sumedh Gadham discusses whether such use would amount to trademark or copyright infringement. and Shemaroo Entertainment Ltd.

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Intellectual Property Registering Trademarks Copyright Infringement Trademark 49

SpicyIP

OCTOBER 1, 2023

In a “Jhakaas” (a slang for fantastic) news for the actor Anil Kapoor, Delhi High Court granted the actor an interim injunction against use/ misuse of his personality rights. Image from here Image Rights Alright—But Can They Trump Established Rights and Doctrines? But, ‘safety’ against what?

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Personality Rights Non-Fungible Tokens Copyright Social Media 111

IP and Legal Filings

DECEMBER 6, 2023

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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Privacy Intellectual Property Law Intellectual Property Advertising 105