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However, the order was brief and did not specify any statutory or common law basis for the protection of personalityrights, merely citing Titan Industries as precedent. For example, can personalityrights be viewed as an extension of the right to privacy? In Gautam Gambhir v. D.A.P & Co. &
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 intellectual property rights and personalityrights specifically. and includes both commercial and non-commercial aspects.
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.
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”).
The article endorses an intellectual property approach to understand the right and its infringement. This is achieved by understanding the parallels between publicity right and trademarklaw. Throughout the article, the author derives insights from US case laws which have had a considerable influence on Indian courts.
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 copyrightlaws.
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 personalityrights.
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 trademarklaw, copyrightlaw as well as passing off action for infringing the said rights.
THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyrightlaws 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.
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.
These affected rights encompass personalityrights, representing a distinctive form of intellectual property that transcends mere financial considerations. Personalityrights, being non-inheritable and non-assignable, highlight the personal and non-transferable essence of this form of intellectual property.
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.
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.
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 PersonalityRights from any such misuse is a must. PERSONALITYRIGHT.
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? Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary.
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, copyrightlaw etc. While delineating the rights of the parties, the Court held that R.D HarperCollins Publishers India Pvt. the licensee. The judgement was authored by Justice C.
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.
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.
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.
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.
Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyrightlaw 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.
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