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However, its specific emphasis on protecting certain elements of the whole scheme of copyrighted content, such as fictional characters and the distinctive personas they embody, has been a focal point, contributing substantially to the discourse surrounding the ever-expanding ambit of copyrightability as well as personalityrights.
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, copyright law as well as passing off action for infringing the said rights.
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.
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.
[Delhi High Court] On September 20, the Delhi High Court granted relief to film actor Anil Kapoor against the unauthorised use of his image, name, voice, and other traits of his persona for monetary gain, reinforcing his personalityrights. Sarl a A Sarogi , where the Court affirmed the position on descendability of publicity rights.
Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement. Recognition of non-human inventors, AI and its implications for India.
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