SpicyIP

DECEMBER 20, 2023

From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personality rights : Since Shouvik’s 2010 post about Amitabh Bachhan’s concern over the use of his voice to sell Gutka (an addictive substance), we have come to a long way! Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

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SpicyIP

AUGUST 4, 2024

Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personality rights. The Court reiterated that celebrities are entitled to protect facets of their personality against unauthorized commercial exploitation by third parties.

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Kluwer Copyright Blog

AUGUST 7, 2023

In the United States, the Copyright Act outlines the concept of fair use – situations where usage does not require authorization. 6] On practice, this means that overall Brazilian Copyright Law tends to have a pro-user interpretation, whereas US Copyright Law tends to have a pro-owner interpretation. 37, 2018). [3]

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IIPRD

AUGUST 11, 2023

There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use. 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.

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Intepat

SEPTEMBER 27, 2024

While copyright is distinct from other forms of intellectual property by focusing on personal rights, its primary role is to manage and protect knowledge. The Key Legal Principle Used The main provision that was used by the defendants in this case was Section 52(1) (i), which talks about fair dealing,i.e.,certain

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SpicyIP

NOVEMBER 19, 2023

vs Acko General Insurance on 10 November, 2023 (Delhi High Court) The dispute pertains to the use of the plaintiff’s artistic work “Humanity” by the defendant in one of its advertisement hoardings. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

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Traverse Legal Blog

OCTOBER 24, 2024

For non-celebrities, it can prevent emotional distress caused by unauthorized use of their identity. International Variations: Similar rights exist in other countries, often referred to as “personality rights” or “rights of persona.” Sony Music Entm’t, Inc. , 3d 1134, 1145 (9th Cir.

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SpicyIP

DECEMBER 30, 2023

[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 personality rights. Acko General Insurance.

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SpicyIP

JANUARY 10, 2025

Regarding personality rights and introducing a public interest test before granting protection to celebrities, Rebecca Cardoso, in this guest post, advocates for a balanced approach prioritizing protection against genuine harm instead of trivial grievances. Navigating Personality Rights Does Fame Have a Trade-Off?

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SpicyIP

DECEMBER 27, 2024

In recent times, the Delhi High Court has been spewing out decisions involving the Personality Rights of celebrities. We had the Anil Kapoor decision last year and similar rulings followed in 2024 dealing with the rights of Jackie Shroff , Vishnu Manchu , Arijit Singh.

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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? Simply none. Anil Kapoor one being the latest.

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