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However, this article will discuss the reasoning of the court with respect to relief claimed by the Plaintiff against a creator of a YouTube video who compiled the interviews of the plaintiff and depicted his personality as ‘thug life’ The plaintiff contended that such videos portrayed him in a derogatory manner. million views.
1] And since, the creator, consumer and subject of the content are distinctly different-the potential lack of empathy or misapprehension by the consumers towards the subject, based on the creators potrayal, necessitate a discussion of the subjects privacy and personalityrights.
Here is our recap of last weeks top IP developments including summaries of the posts on Lemleys and Hendersons paper on AI Terms of Use Restrictions, CGPDTM order on the removal of a patent agent, Delhi HC order on disclosure of a PhD and Public Interest Need in PersonalityRights cases. Drop a comment below to let us know.
on 7 February, 2025 (Delhi High Court) Image from here In a trademark and personalityrights infringement suit, the plaintiffs, Sir Ratan Tata Trust and Tata Sons, sought relief against the defendants for unauthorized use of the well-known trademarks TATA and TATA TRUSTS, as well as the well-known personal name and image of Late Ratan N.
From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personalityrights : 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.
Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personalityrights. The Court reiterated that celebrities are entitled to protect facets of their personality against unauthorized commercial exploitation by third parties.
In the United States, the Copyright Act outlines the concept of fairuse – 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]
There is no question of fairuse 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 fairuse.
Codible Ventures LLP that has initiated a judicial discussion on the protection of artists’ personalityrights against the unauthorised use of their voices by AI tools. It clearly establishes that AI cannot be used to exploit celebrity personas for profit, emphasising the need for ethical use of technology.
While copyright is distinct from other forms of intellectual property by focusing on personalrights, 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
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 fairuse.
[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. Acko General Insurance.
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 “personalityrights” or “rights of persona.” Sony Music Entm’t, Inc. , 3d 1134, 1145 (9th Cir.
Regarding personalityrights 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 PersonalityRights Does Fame Have a Trade-Off?
In recent times, the Delhi High Court has been spewing out decisions involving the PersonalityRights 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.
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 personalityrights. 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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