Olartemoure Blog

JULY 17, 2024

MORAL RIGHTS AND TATTOOS Moral rights protect artists’ personal and reputational interests. These rights include the right to attribution and the right to object to derogatory treatments of the work. EXCLUSIONS AND DEFENSES TO IP INFRINGEMENT Several defenses exist for IP infringement in tattoos.

Intellectual Property 52

Intellectual Property Moral Rights Art Branding 52

SpicyIP

AUGUST 26, 2024

Simply Life India (2023) (“Anil Kapoor”) (in paragraph 53), wherein the Court, had ruled in favour of safeguarding the distinct personality rights of celebrities, including the rights of endorsement and privacy, against widespread online exploitation and unauthorised commercial use.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes.

Intellectual Property 68

Intellectual Property Moral Rights Registration Editing 68

43(B)log

JUNE 26, 2023

Oral or written publication, in any manner, of material that violates a person’s right of privacy; f. It excluded knowing violation of the rights of another, and injury “arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights.

Advertising 56

Advertising Advertising False Advertising Intellectual Property 56

IP and Legal Filings

JANUARY 27, 2025

These uncanny and exact replications of celebrity voices and visuals lead to a world of problems not just from a privacy point of view, but in general IP as well. However, this may prove difficult as in the case of granting the author rights, the moral rights provided under Section 57 of the Act are nearly impossible to enforce.

Intellectual Property 104

Intellectual Property Music Art IP 104

JIPEL Copyright Blog

MARCH 9, 2022

infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e., For the most part, liability may be avoidable: museums could defend any copyright (e.g., The legal concerns aside, the use of AR and VR in museums arguably benefits the public.

Moral Rights 52

Moral Rights Art Fair Use Derivative Work 52

SpicyIP

SEPTEMBER 8, 2024

Reviving popular artists posthumously, though nostalgic, prompts critical questions about the boundaries around consent, personality rights, moral rights, economics of the industry, and even ethics. The question is- when AI starts hitting the high notes, who holds the rights to the encore? Rajagopal v.

Personality Rights 45

Personality Rights Privacy Art Music 45

SpicyIP

MAY 3, 2023

are typically objected to on the grounds of personality rights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation. Such treatment usually amounts to violations of the moral rights of the author.

Moral Rights 114

Moral Rights Personality Rights Copyright Privacy 114

Art Law Journal

AUGUST 18, 2022

The Model hereby releases and holds the Publisher harmless from and against all claims, suits, threats, demands, liabilities, actions and causes of action, in any way related to the Images or the Publisher’s use of the Images, including but not limited to actions based upon invasion of privacy, violation of moral rights, defamation, false light, and (..)

Publishing 85

Publishing Art Contracts Artwork 85

Clancco

MARCH 8, 2021

A Massachusetts judge has dismissed a lawsuit by a woman claiming that she, not Harvard University, is the rightful owner of haunting images of an enslaved father and daughter who she says were her ancestors. More here.

Law 40

Law Moral Rights Privacy Copyright 40

SpicyIP

JULY 11, 2021

Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights. The plaintiff also claimed violation of moral rights and infringement of posthumous celebrity rights.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

SpicyIP

AUGUST 6, 2024

Moreover, both in the EU and the US, privacy laws also come into play alongside intellectual property protections. However, this order is bound to attract attention for rightly emphasising the importance of safeguarding personality rights in the digital age, where AI tools can easily replicate a celebrity’s personal attributes.

Personality Rights 111

Personality Rights Moral Rights Technology Copying 111

SpicyIP

AUGUST 6, 2024

Two side notes before getting into the meat of the order: First , it is interesting to see that though the plaintiff raised the argument of the infringement of moral rights, the court hasn’t addressed this. Second , in different places, the Court has used the language “Personality rights and right to publicity”.

Personality Rights 117

Personality Rights Moral Rights Music Technology 117

The IPKat

NOVEMBER 1, 2022

Gaon also considers no-authorship possibilities as alternative rights models, such as ‘author in law’ and AI moral rights. It considers the paths that AI authorship may take in the future, and explores possible candidates for authorship in the AI creation process (e.g., the programmer, the user, or the AI itself).

Copyright 98

Copyright Moral Rights IP Privacy 98

IP and Legal Filings

FEBRUARY 20, 2024

While the Constitution does not explicitly mention personality rights, In the case of Judge K.S. Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Privacy is the entitlement to be free from intrusion and and is a continuation of personal freedom.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

Selvam & Selvam Blog

AUGUST 6, 2024

Codible Ventures LLP and Others , the Bombay High Court addressed a legal dispute of infringement of personality rights through the use of AI. Personality rights, which holds the protection of an individual’s identity, privacy, and dignity, are foundational to safeguarding personal independence in both physical and digital worlds.

Personality Rights 52

Personality Rights Moral Rights Privacy Blogging 52

Kluwer Copyright Blog

AUGUST 26, 2024

In the UK, performers’ economic rights can be assigned to producers without any mechanisms for reversion, and their moral rights can be waived meaning they cannot be subsequently enforced. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

Higher Education 84

Higher Education Contracts Marketing Marketing 84

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. However, the conversation being considered as a contract between them was unclear regarding the IP rights.

IP 52

IP Artwork Contracts Intellectual Property 52

The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here.

Intellectual Property 61

Intellectual Property Moral Rights Privacy Copyright Infringement 61

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.

Moral Rights 129

Moral Rights Contracts Editing Related Rights 129

The IPKat

MAY 29, 2023

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).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

SpicyIP

OCTOBER 29, 2024

Alleging infringement of his moral rights, misappropriation of his personality rights, defamation, unfair competition, and passing off, Manchu filed the present suit seeking directions from the Court to take down the content by these Youtubers and John Doe(s).

Personality Rights 104

Personality Rights Moral Rights Privacy Intellectual Property Law 104

43(B)log

APRIL 7, 2023

The Global Internet and Its Workable, Bespoke, Patchwork Regulation Justin Hughes, Loyola University Los Angeles John Perry Barlow’s Declaration of Independence of Cyberspace: a full repudiation of the lack of gov’t authority or moral right to rule cyberspace. Bradford’s four examples of the Brussels Effect v.

Art 45

Art Copyright Settlement Moral Rights 45