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However, its specific emphasis on protecting certain elements of the whole scheme of copyrighted content, such as fictional characters and the distinctive personas they embody, has been a focal point, contributing substantially to the discourse surrounding the ever-expanding ambit of copyrightability as well as personalityrights.
In a guest post , Satchit Bhogle covered the issue of infringement of personalityrights. It is noted that the test for identifying infringement of personalityrights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion. News from India.
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 decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.
The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.
on 10 May, 2024 (Delhi High Court) The defendant filed an application seeking cost of litigation from the plaintiff. The Court expressly held that ownership of copyright by producers does not limit the composers copyright. Case Summaries Dolphin Mart Private Limited v. Avenue Supermarts Limited & Anr. The Peppy Stores & Ors.
With a focus on EU and US approaches to the issue, Musker suggests arguments that may be useful to litigants in similar situations. Ochoa authors Chapter 9, which is devoted to the overlaps between copyright and the rights of publicity or personalityrights.
Akshat is a practicing litigator working at Saikrishna and Associates. Views expressed here are personal.] Dismantling the Defense: Why Common Justifications for Publicity Rights Fall Flat Prof. Unauthorized use for commercial gain violates these rights. [This three part post is authored by Akshat Agrawal.
Delocalization by brute force: Seen online in other areas where companies don’t bother to localize TOS, just comply with US law which is home country law; that solves the problem for them and they wait for litigation if it materializes. Authors’ rights are designed to protect that intellectual and emotional bond.
T Series And Another vs M/S Dreamline Reality Movies on 22 February [Punjab and Haryana High Court] The case concerned the adaptation of late Jaswinder Kaurs biography into a cinematographic film and deals with interplay of copyright with personalityrights. The Judgement was passed by Justice Anish Dayal. Under Armour v.
Akshat is a practicing litigator working at Saikrishna and Associates. “It Protects Them From Exploitation” The Claim : Capitalizing on celebrities’ identity subjects their personalityrights to potential abuse and jeopardizes their career and livelihood. His previous posts can be found here.
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