Traverse Legal Blog

OCTOBER 24, 2024

International Variations: Similar rights exist in other countries, often referred to as “personality rights” or “rights of persona.” For non-celebrities, it can prevent emotional distress caused by unauthorized use of their identity. 3d 1268, 1273 n. 4 (9th Cir.

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Social Media Copyright Infringement Copyright Law 98

Nelligan Law

MARCH 25, 2025

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. Foremans earnings from the endorsementreportedly over $200 millionfar exceeded his total boxing purses.

Business 52

Business Branding Branding Brands 52

The IPKat

NOVEMBER 6, 2023

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 personality rights, which encompass moral rights. The right of attribution is particularly important for photographers and their licensees.

Moral Rights 85

Moral Rights Licensing Personality Rights Contracts 85

SpicyIP

JANUARY 2, 2022

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.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

FEBRUARY 10, 2024

It’s also important to note that past rulings by the Calcutta High Court and Delhi High Court have found websites/platforms streaming copyrighted songs for profit not to be covered under Section 52(1)(a)(i) of the Act so as to protect individual personality rights.

Moral Rights 113

Moral Rights Copyright Infringement Related Rights Government 113

SpicyIP

JULY 17, 2023

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 personality rights. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. Her area of interest lies in IP and corporate law.

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

IP and Legal Filings

APRIL 8, 2023

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.

Privacy 98

Privacy Law Intellectual Property Music 98

Managing IP

OCTOBER 27, 2021

Sources believe that licensing of IP and personality rights may be beneficial, but judicial and legislative solutions are needed in the longer run

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IP Personality Rights Licensing 45

SpicyIP

AUGUST 4, 2024

Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personality rights. 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.

Social Media 105

Social Media Trademark Licensing Music 105

IPilogue

NOVEMBER 17, 2021

The court ruled that the tattoo artist did in fact own the copyright in his tattoo design; however, he was limited by the personality rights 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.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

SpicyIP

MARCH 9, 2025

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.

Trademark 59

Trademark Patent Copyright Patent Application 59

Velocity of Content

JUNE 25, 2024

In Andersen’s district, “We came back in person right after COVID. She also discussed that, in spite of being in a small district, accessing and using quality content, which are often protected by copyright and require additional licenses, was a challenge. CCC provides a variety of for Academia that can support this need.

Copyright 98

Copyright Licensing Blogging Publishing 98

SpicyIP

DECEMBER 20, 2023

Notably, Monsanto’s matter had several layers including the State Governments seeking to regulate IP licensing fees, and the Indian seed companies who previously licensed technology from Monsanto, refusing to pay royalties to Monsanto. Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Technology & Marketing Law Blog

MARCH 23, 2022

This is a putative class action lawsuit against a people search company for allegedly misusing publicity and personality rights by displaying images contained in yearbooks. Judge Chen (of the Northern District of California) answered this question “no”. The Ninth Circuit affirms in a memorandum opinion.

Privacy 116

Privacy Contracts Personality Rights Litigation 116

SpicyIP

DECEMBER 29, 2024

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.

Journalism 52

Journalism Trademark Registering Trademarks Business 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

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.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

SpicyIP

AUGUST 12, 2024

PART I] Synthetic Singers and Voice Theft: BomHC protects Arijit Singh’s Personality Rights 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 personality rights. Read on below to know more.

Trademark 104

Trademark Personality Rights Registration Business 104

IIPRD

AUGUST 29, 2024

Recent court decisions have clarified the scope of copyright in film screenplays, personality rights, and underlying works concerning content creation and licensing in broadcasting. From DVDs to OTT, the entertainment domain has come a long way owing to rapid digitalization affecting creative authorship over their creations [1].

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

The IPKat

OCTOBER 7, 2021

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.

Moral Rights 134

Moral Rights Art Music Copyright 134

Selvam & Selvam Blog

MARCH 28, 2022

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’.

Trademark 52

Trademark Personality Rights Privacy Licensing 52

IP and Legal Filings

JULY 23, 2024

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 personality rights may be awarded against any use for commercial benefits.

Music 59

Music Copyright Personality Rights Technology 59

LexBlog IP

MAY 2, 2022

Personal Branding. What is Right of Publicity? Who is affected by the Right of Publicity? Personal Rights vs. Property Rights. The implications of the Right of Publicity. Personal Rights vs. Property Rights. These permissions can often be obtained through a licensing agreement.

Personality Rights 52

Personality Rights Branding Branding Brands 52

SpicyIP

SEPTEMBER 25, 2023

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 personality rights, publicity rights and elements associated with his persona like his name, voice, photographs/ likeness, dialogues, manner of dialogue delivery, gestures, signatures.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

SpicyIP

JULY 19, 2021

She highlights that the Court refused to afford post mortem protection to personality rights of the actor. Nishtha emphasises that in determining whether the deceased possessed personality rights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.

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Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

JULY 29, 2021

Shivam is a recent graduate of the Banaras Hindu University, Varanasi.

Copyright 126

Copyright Artistic Work Copyright Law Law 126

IP and Legal Filings

NOVEMBER 23, 2023

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.

Intellectual Property 105

Intellectual Property Privacy Branding Branding 105

SpicyIP

DECEMBER 30, 2023

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.

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IP Copyright Trademark Intellectual Property 124

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

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. 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.

Intellectual Property 52

Intellectual Property Publishing Copyright Law Copyright 52

Canadian Intellectual Property Blog

JUNE 10, 2020

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.

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

SpicyIP

MAY 20, 2024

Bentley Systems Inc & Anr vs Pnc Infratech Limited & Ors on 13 May, 2024 (Delhi High Court) The plaintiff instituted the present copyright infringement suit against the defendant for continuing to use the plaintiff’s software after the expiry of its license. The Peppy Stores & Ors.

Trademark 45

Trademark Advertising Advertising Invention 45

43(B)log

AUGUST 9, 2024

We’re in a very different place: now Google can do no right on Capitol Hill. Marketa Trimble: Under Nevada law, have to comply with other countries’ laws to be licensed for online gambling in Nevada. Authors’ rights are designed to protect that intellectual and emotional bond. Balance of power has changed.

Fair Use 59

Fair Use Moral Rights Law IP 59

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, 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.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

NOVEMBER 8, 2024

Views expressed here are personal.] Ex Parte Orders on Personality Rights Courts lately have been passing a slew of ex-parte ad interim orders against Generative Artificial Intelligence (‘gen AI’ ) models for training their models using the voices of celebrities, and for producing output that reciprocates the celebrity’s voice.

Privacy 105

Privacy Personality Rights Public Domain Ownership 105

SpicyIP

DECEMBER 31, 2024

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.

IP 105

IP Invention Patent Copyright 105

The IPKat

DECEMBER 17, 2024

Broader issues Not content with lighting a fire under one already hot topic, the consultation also seeks views on many others including the TDM exception for non-commercial research, bilateral and collecting licensing, training data transparency obligations for AI developers ( la Article 53(1)(d) of the EU AI Act ), infringement and liability relating (..)

Copyright 64

Copyright Government Personality Rights IP 64

The IPKat

FEBRUARY 17, 2025

For decades, the applicant has been in trade mark disputes with car manufacturers, particularly over licensing claims due to the reproduction of the car manufacturers brands on model cars. While the applicant did not use the Testa Rossa trade marks himself, he licensed them to third parties for some of the goods.

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