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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.
The Bombay High Court order of 7th March 2025, making the interim injunction in favour of Karan Johar absolute, has added more fuel to the fire of the debate over personalityrights protection. However, it has become more common to uphold these rights without thoroughly reasoning each decision, and this case is an example of that.
& 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. &
However, even in areas of the law that are not fully developed, it is crucial to indicate the legal basis for an order, even if briefly, as this requirement should not be sacrificed for the sake of judicial expediency. For example, can personalityrights be viewed as an extension of the right to privacy?
Codible Ventures LLP , marking a big step in the protection of artists’ personalityrights against the unauthorised use of their voices by artificial intelligence (AI) tools. Second , in different places, the Court has used the language “Personalityrights and right to publicity”.
The development of Artificial Intelligence, from being able to create edited photos to now generating deepfake videos that cannot be distinguished from real videos, has created an imminent threat to intellectual property rights and personalityrights specifically. and includes both commercial and non-commercial aspects.
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. In the UK , there isn’t a standalone right of publicity, which means that voice actors have limited control over how their voices are used commercially.
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.
INTRODUCTION - Publicity rights play an important role in India based on the culture of celebrity worship and the importance of the name, image, and likeness of sports, television and media personalities, political figures, musicians, etc. In India, the right to publicity is recognised as a part of the right to privacy.
Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personalityrights, Govt. recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. The Show Must Go On?
Considering the same, the Courts have started providing remedies under the scope of personalityrights wherein protection is granted against the unauthorized use of names, images, voice, likeness, dialogues or traits of popular celebrities. To be honest, under the current system, the scope of protection is limited.
The description available on its website concerning the history of the shoe – which was created in 1954 for Audrey Hepburn – was found to be lawful. In all this, it is worth recalling that, under Italian law, image/personalityrights have traditionally received broad protection.
the Bombay Court recently took a pro-publicity and -personalityrights stance in an ex-parte ad-interim order concerning the unauthorized use and cloning of Indian artist Arijit Singh ’s voice by multiple defendants. In essence, Arijit Singh lamented a troubling array of violations of his publicity and personalityrights.
Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14 th , 2021 we announced the 2 nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad ‘s 45 th birth anniversary. A photograph of Prof. (Dr.) Shamnad Basheer. And the winners are: 1.
Posted In collegiate athletics , Intellectual Property , Name, Image, and Likeness On March 9 th , Governor Beshear, surrounded by Kentucky college coaches, put his signature on a new law that will allow college athletes to profit from the use of their name, image, and likeness, an opportunity formerly blocked by the NCAA.
Just a few days after CNIL , however, the CJEU ruled once again on the territorial scope of injunctions relating to the protection of rights online. In Glawischnig-Piesczek CJEU held that, in accordance with national law, a court in a Member State could also issue injunctions with extra-territorial, if not global, effect.
Explaining why and how such seemingly innocuous posts infringe on the shooter’s personalityrights, we are pleased to bring to our readers this post by SpicyIP intern Tejas Misra. Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in India.
Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. With a passion for the dynamic intersection of law, media and technology, she is particularly interested in exploring intellectual property and tech policy.
There has been immense activity surrounding the jurisprudence of celebrity rights in India with numerous judicial pronouncements in recent years. By: International Lawyers Network
After reviewing similar relevant cases and precedents, the court dismissed the suit, ruling that celebrity rights cannot be granted or recognized without regard for the actual concept of The Right to Privacy. ISSN:1583-6258, Vol. 25, Issue6, 2021 ● [link] ● [link] ● [link] -mika-singh-and-ors.html Author: Aratrika Manhas, B.A.
Data Privacy The recent uproar for some stringent data privacy laws stems from the frequent leaks and breaches of individuals’ personal data and the risk of its misuse. Data protection laws aim to safeguard raw personal data and require consent-based processing of this data for legitimate purposes. Rajagopal v.
Announcing the Winners of the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law! 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!:
Comparing the approaches of the Courts vis a vis personalityrights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava. Comparing the approaches of the Courts vis a vis personalityrights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava.
German law had to be applied by virtue of Art. The judges referred to the Courts consistent case law in trade mark matters, according to which the scope of protection of a national trade mark is limited to the territory of Germany due to the territoriality principle applicable in intellectual property law.
The Court applies Italian law cross-border to the unitary set of conducts, based on an economic-functional link among all company divisions, indicating as the main criterion of connection with Italian jurisdiction the forum damni ex Article 20 of the Italian code of civil procedure (c.p.c.), which refer to a person’srights to name and image.
This book review of Intellectual Property Law in Nigeria: Emerging Trends, Theories And Practice by Desmond Oriakhogba (University of the Western Cape, South Africa) and Ifeoluwa Olubiyi (Afe Babaloloa University, Ado-Ekiti, Nigeria) is kindly provided by Kasim Waziri , Professor of Law at the University of Abuja, Nigeria.
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. Anything we are missing out on?
The Act, which amends the Tennessee PersonalRights Protection Act of 1984, was enacted in response to the growing proliferation of AI-generated and deepfake music that has mimicked the work of many stars and celebrities.
PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. In a guest post , Satchit Bhogle covered the issue of infringement of personalityrights. The post covers the prevailing precedents on the matter. You can read our posts on the report here , here , here , here and here.
The Tribunale di Firenze applied the Italian law: art. 107-108 of the Legislative Decree 42/2004 , Cultural Heritage Code “Codice dei Beni Culturali” (the public law on the regulation of cultural heritage) and, by analogy, art. In particular, under EU law the Italian public cultural property seems to be inconsistent with art.
For more than seven decades, international law has consistently led countries to embrace culture as a global and cross-border value for humanity. The human right to cultural participation has become a pillar of protecting and empowering individuals and communities.
Recent court decisions have clarified the scope of copyright in film screenplays, personalityrights, and underlying works concerning content creation and licensing in broadcasting. and undoubtedly creating such content includes the distribution of any intellectual property rights to their respective authors.
He also understood the power of his own story, safeguarding his image through personalityrights and exercising control over how his likeness was used. The post Remembering George Foreman: A Champion in the Ring and in Business appeared first on Nelligan Law. That control extended to film and television as well. And you won.
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.
With the emergence of Intellectual Property as an important and relevant sector of law and awareness among people about securing and protecting the product of their intellect has resulted in the birth of several unique rights which can be protected and monetized under IP laws. under the trademark laws.
India’s copyright law does not envision an exception permitting LLM trainings from copyrighted materials. Additionally, it is right-holder centric favouring authors and encouraging them to control the use of their works in new markets. Anything we are missing out on? Drop a comment below to let us know.
Whether the government plans to amend the Copyright Act of 1957 to update copyright laws to cover AI-generated content. Varsha suggests imposing requirements on developers to ensure AI development respects the exclusive rights of human creators in training datasets, and users should also be obligated to ensure compliance with relevant laws.
Team Chloe includes attorneys of record from three different law firms. If you’re selling your personalityrights, make sure you understand the implications!!! Because copyright law lets me, I’m reproducing the dog treats recipe below. Book Review: “The Little Book of Foodie Law”. Esquared Hosp. ,
The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).
This is a putative class action lawsuit against a people search company for allegedly misusing publicity and personalityrights by displaying images contained in yearbooks. Under California law, where the lawyer has express authority, the client may be bound by the lawyer’s agreement to a contractual term. Facebook.”.
While AI-related copyright issues are still rather novel and mostly unexplored from a legal perspective, the music group is convinced it has the law on its side. In its letter the BPI gave the voice cloning site the option to respond and avoid legal action but thus far the BPI remains dissatisfied.
Right to privacy would certainly include telephone-conversation in the privacy of one’s home or office. Telephone-tapping would, thus, infract Article 21 of the Constitution of India unless it is permitted under the procedure established by law.” 1998 Mr ‘X’ v. 2007 Rayala M. Bhuvaneswari v. 2014 Deepinder Singh Mann v.
In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. However, image rights in Kenya lean more towards a human rights protection regime as opposed to IP law/framework.
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