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Intellectual property, inherently, can be sold, licensed or marketed. A trademark is a symbol or design or word or phrase that acts as an identifier for a business goods or services. A business may come up with a unique design to stand out from its competitors, to act as a differentiating symbol for the company.
PART I] PersonalityRights in Spotlight Once More!: India Pride Advisory Order Can a movie carrying the name of a personality be restrained from release citing infringement of personalityrights? PART II] PersonalityRights in Spotlight Once More!: Anything we are missing out on? Vishal & Anr.
While it appears to be easier to waive moral rights in common law countries, the continental European tradition is more focused on protecting the author’s personalityrights, which encompass moral rights. The right of attribution is particularly important for photographers and their licensees.
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. Going Forward.
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.
Such an interpretation allows for a patentee to claim a right to prohibit another party’s export of allegedly infringing goods, thus going beyond what the statute actually offers. This judgment concerned the classification of payments under end-user license agreements (EULA). Engineering Analysis Centre for Excellence Pvt.
PPL, claiming ownership over public performance rights via assignments from music labels, alleged infringement after its representatives discovered unlicensed use of its repertoire. The plaintiff submitted that it was the owner of the mark and later by assignment and then by seeking a license it is now a permitted user of the mark.
PART I] Synthetic Singers and Voice Theft: BomHC protects Arijit Singh’s PersonalityRights In a first of its kind order in India, the BHC restrains AI platforms from using likeness of famous singer Arijit Singh, finding them to prima facie infringe his personalityrights. Joint Controller Of Patents And Designs and Ors.
Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personalityrights. The plaintiff company owned the copyright of several films and these were not licensed to any party. This and much more in this SpicyIP Weekly Review. Star Scientific Limited v.
This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected.
With over three decades of experience in teaching and school administration, Kimberly brings a deep understanding of curriculum design and implementation. In Andersen’s district, “We came back in personright after COVID. Kimberly Andersen : Director of Curriculum and Instruction at Twin Valley School District in Pennsylvania.
Case Summaries Anil Kapoor vs Simply Life India & Ors on 20 September, 2023 (Delhi High Court) Image from here The Plaintiff sought protection of his personalityrights, publicity rights and elements associated with his persona like his name, voice, photographs/ likeness, dialogues, manner of dialogue delivery, gestures, signatures.
Need for Protection of Personal Names through IPR Celebrities commonly demand a licensing fee for the utilization of their name, image, or other distinctive attributes in advertising or merchandising endeavours. An effective solution to address this concern is the formal registration of a celebrity’s name as a trademark.
With copyright being in most cases not a public but a private right, it entails private autonomy, allowing - within the limits of dispositive national rights - free contracting over copyright assets and estates. Next to licensing, lending or selling those estates, making their fate part of a will is also a viable option for many.
She highlights that the Court refused to afford post mortem protection to personalityrights of the actor. Nishtha emphasises that in determining whether the deceased possessed personalityrights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.
Typeface’ refers to the particular design of letters, numbers, marks and symbols. Shivam is a recent graduate of the Banaras Hindu University, Varanasi. But as I will discuss in this post, they fulfill the eligibility criteria as provided under the Copyright Act, 1957. Before we begin, let me lay down the glossary for this post.
The template is not intended to be a one-size-fits-all solution; rather, it is designed to provide colleges and universities with a starting point for crafting their own policies. Personal Branding. What is Right of Publicity? Who is affected by the Right of Publicity? PersonalRights vs. Property Rights.
While copyright is distinct from other forms of intellectual property by focusing on personalrights, its primary role is to manage and protect knowledge. To continue selling these courses packs legally, they argued that the defendant must obtain a license and pay royalties to the Indian Reprographic Rights Organization.
The rights in these photographs are typically subject to the licensing schemes of the various social media platforms to which they are posted. That said, the law is less clear as to the particular rights of private citizens who are the subject of an image to which they did not consent. 13 C.P.R. (2d)
SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. Read on to know more. What’s in a Name? The Peppy Stores & Ors.
2014: ECJ said that the court didn’t need to designate technical measures—could order an outcome prohibition; transmission entities have to effectively achieve site-blocking. We’re in a very different place: now Google can do no right on Capitol Hill. Authors’ rights are designed to protect that intellectual and emotional bond.
In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personalityrights, and multiple leaks of key documents and their contribution in law-making. Ltd against the defendants for use of pirated versions of structural engineering software, PLAXIS 2D and PLAXIS 3D.
Trade Wings Hotels Limited on 24 January [Bombay High Court] In an important order concerning enforcement of copyright in sound recordings, the Bombay High Court held that copyright owners like Phonographic Performance Ltd and Novex can issue music licenses even if they are not registered as copyright societies under the Copyright Act.
Image Rights Alright—But Can They Trump Established Rights and Doctrines? Image from here The Delhi High Court’s recent interim injunction concerning Anil Kapoor’s personalityrights throws up an important question- should such orders protecting personalityrights overlook the established principles and doctrines?
Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous PersonalityRights Bringing the dead back from their grave? Md Sabeeh Ahmad shares his review of the book below. Read on below to know more. For more details, read their announcement on the blog. Council Of Architecture and Ors.
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