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& Ors that has once again brought to the spotlight the debate of balancing the protection of celebrity personalityrights and the freedom of expressions and parodical use. Rights or Wrong?: Are We Going in the Correct Direction for PersonalityRights? India Pride Advisory Private Ltd. &
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. Intellectual property, inherently, can be sold, licensed or marketed.
Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). CIT [Supreme Court].
Jokes aside, the title of today’s post is “Your Face, is My Case,” because we’re talking about likeness and image rights, sometimes collectively referred to as “personalityrights.” Student athletes are allowed to fully control their personalityrights and make money licensing them.
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.
Keep up with the ever-changing world of IP with SpicyIPs Weekly Review! We are delighted to announce the results of the 2024 Shamnad Basheer Essay Competition on IP Law. PART I] PersonalityRights in Spotlight Once More!: PART II] PersonalityRights in Spotlight Once More!: Anything we are missing out on?
As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. The decisions in the second category, i.e., Top 10 IP Cases/Judgements (Jurisprudence/Legal Lucidity) reflect those that we thought showed a fair bit of jurisprudential rigour and/or legal lucidity. Nataraj, Ms.
Foreman turned his name into a powerful brand, protected by an extensive network of trademarks and licensing agreements. He didnt just lend his name to productshe licensed it with care. It was another example of his long-standing commitment to protecting and leveraging the value of his personal brand.
Her area of interest lies in IP and corporate law. Her area of interest lies in IP and corporate law. We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personalityrights. Hope you enjoy the SpicyIP Weekly review!
Keep up with the ever changing world of IP with SpicyIPs Weekly Review! PPL, claiming ownership over public performance rights via assignments from music labels, alleged infringement after its representatives discovered unlicensed use of its repertoire. This and much more in this weeks SpicyIP Weekly Review.
Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personalityrights. Jan Vishwas (Amendment of Provisions) Act Comes Into Force Today Image by vecstock on Freepik Provisions of the Jan Vishwas Act related to various IP legislations come into effect today.
Here is our recap of last weeks top IP developments including summaries of the posts on Delhi HCs ruling on Celebrity Rights and the Powers of Regional Directors under Companies Act vis a vis Trademark Similarity. The Delhi HC restrained the defendants in both cases from infringing the plaintiffs personalityrights.
Unless with his/her consent, the right to control the commercial use of his/her own identity should be exclusively theirs. Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person.
Kurian’s trail of transparency, Statements of Patent (Non-)Working, Corruption in IP Offices, Serial Crisis in India, the Indian “Bayh Dole” Bill, etc. Although India now has the Digital Personal Data Protection Act 2023 , it doesn’t provide IP protection to databases. Missed anything? No worries, we got you! Sounds “Jhakaas!”
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.
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. Read on below to know more.
The court ruled that the tattoo artist did in fact own the copyright in his tattoo design; however, he was limited by the personalityrights of the person he tattooed. Notably, Belgian copyright law includes a statutory right to privacy , which includes the right to control your image. Going Forward.
Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Lokesh discusses the case in this short tidbit post.
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.
Fritsch, both talented and enthusiastic former students of mine, which - while reviewing Anderson.Paak 's latest tattoo - discusses post-mortem moral rights protection and the value of a tattoo as an. advance (IP) directive. Anderson.Paak got a new tattoo- and we might have an idea why by Despoina Dimitrakopoulou, L.L.M &
Case Study 3 – Sourav Ganguly (7) The Court granted in a case for Sourav Ganguly relief by holding that his popularity constituted intellectual property in the form of a licensed innovation and, therefore, the sale of tea using his name without his consent amounted to a violation even though he was an employee of the defendant.
In fact, in the year 1973, efforts were made by countries supporting IP protection for typefaces to bring into existence the Vienna Agreement for the Protection of Type Faces and Their International Deposit (“Agreement”). Shivam is a recent graduate of the Banaras Hindu University, Varanasi.
Following a similar line, the Indian courts have decided that while under the Indian Copyright Law, 1957 it is difficult to trace the copyright of voice; however, the right to protection of voice and other personalityrights may be awarded against any use for commercial benefits. Media & Ent.L.J.2024.
Professional sports is a multi-billion dollar industry where athletes are beginning to find ways to leverage and add value to their own personal brands. In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’.
Personal Branding. What is Right of Publicity? Who is affected by the Right of Publicity? PersonalRights vs. Property Rights. The implications of the Right of Publicity. PersonalRights vs. Property Rights. These permissions can often be obtained through a licensing agreement.
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.
Can be done with domain names, IP addresses, a combination, URL blocking. But more important with dynamic injunctions, where jurisdictions adopt some shortcut mechanism whereby an initial injunction against ISPs can be used by Ps to add URLs/domain names/IP addresses to the injunction. Gowers Review of IP—not adopted!
Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.
To read these, along with a round up of IP developments around the country, and world, read on below. 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.
2024 has been an explosive year for IP developments in India, with more IP divisions coming up in different High Courts, an increasing number of IP registrations and an overall higher degree of attention on IP issues in the country. d) Other IP Developments; and e) Other Notable Developments.
He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. Views expressed here are personal.] The analysis of freedom of expression has been restricted to cases of parody/satire/memes––due to the potential impossibility of licensing the same, resulting in potential market failure and thus a need to protect.
by Phil Sherrell and Toby Bond The UK Government today announced the opening of its long-awaited consultation into copyright and AI, inviting views from industry on one of the hottest topics in IP law. This consultation informed a 2022 proposal to extend the TDM exception to commercial activities without an opt-out for rights holders.
Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Image Rights Alright—But Can They Trump Established Rights and Doctrines? Should They? Read the post by Prof.
Hence, the smart contract cannot be used for licensing any copyright related works. The issue involved in the case was whether the use of names and images of sportspersons to create digital player cards is a violation of their privacy and publicity rights. Written by Khushee, an assessment intern at Intepat IP.
Here is our recap of last week’s top IP developments including summary of the posts on posthumous rights of artists, and book reviews of “Modern Law of Copyright in Singapore” and “Overlapping Intellectual Property Rights (2 nd Ed.). This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on?
Shekhar Kapoor,where the former lady dacoit Phoolan Devi had protested against her portrayal in the film “Bandit Queen”,ruled that the right to privacy must encompass and protect the personal intimacies of the home, family, marriage, motherhood, procreation, and child rearing, irrespective of whether the person is a public figure.
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