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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 moralrights of the author.
In addition to copyright infringement, the plaintiff also claimed violation of moralrights and infringement of posthumous celebrity rights. In this post, I will explore the different considerations that the court might look into in reaching its decision about the above rights. The Right to Integrity.
The plaintiff censured the defendants for violating privacy, right to publicity, free and fair trial, also invoking the Ashok Kumar jurisdiction of the court. 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.
Introduction Personality rightsrefer to a person’s ability to safeguard his or her identity in the context of a property or privacyright. Celebrities value these rights since their names, images, or even voices may be inappropriately used in commercials by various businesses to increase sales. Puttaswamy v.
With reference to the monetization through the YouTube video, the court stated that such humorous renditions, are not merely entertainment but also a source of livelihood for various content creators especially the youth. In India, personality rights are not formally recognised. Shroff’s powerful demeanor. In Ar un Jaitley v.
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. Arvee Enterprises and Ors.
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.
As someone who has also authored a practical guide ( Copyright in the Music Industry ) that is aimed at a novice audience, this Kat must stress the intended audience of the book and, as such, the lack of references and appendices of legal texts.
If any provisions hereof are deemed to be illegal or unenforceable by a court of competent jurisdiction, the enforceability of effectiveness of the remainder of the Agreement shall not be affected, and this Agreement shall be enforceable without reference to the unenforceable provision. GOVERNING LAW.
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.
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.
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