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These provisions are in place to ensure that the rights of an owner are not infringed and disputes are avoided. Image Sources: Shutterstock] Copyright- The Copyright Act provides for registration of original literary dramatic, musical and artistic works, including cinematography and sound recordings.
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. PersonalityRights: Publicity or Privacy? It can include their face, voice, characteristics and distinctive qualities or attributes.
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.
A quick glance at last week analysis of wrongful obtainment in the Indian patent landscape, discussing Delhi High Courts jurisdiction in ANI vs OpenAI, and the implications of a MoU between screen writers and music composers. This and much more in this weeks SpicyIP Weekly Review. Anything we are missing out on?
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.
The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. When ENIL broadcast music in cities other than the ones in the agreement, IPRS filed an infringement suit. Both suits were filed before the 2012 amendment to the Copyright Act.
[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).
Recent court decisions have clarified the scope of copyright in film screenplays, personalityrights, 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].
IPRS argued that Vodafone’s use of the sound recordings infringed the copyright of authors of the underlying literary and musical works. The Court expressly held that ownership of copyright by producers does not limit the composers copyright. Jaikishan Kakubha Saraf alias Jackie Shroff v. The Peppy Stores & Ors.
In this post , Namratha analyses an interesting change occurring in the music industry due to the pandemic: the creation of a marketplace for royalties. She highlights that the emphasis is on investing only in royalty revenue and not buying the artist’s rights or retaining control over their work. Other Posts.
Ochoa authors Chapter 9, which is devoted to the overlaps between copyright and the rights of publicity or personalityrights. Frankel’s hypothetical discusses a music band that, for their tracks, uses the recordings of traditional songs from a tribe in the Pacific Islands, which said band downloaded from the UNESCO website.
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.
. “It Protects Them From Exploitation” The Claim : Capitalizing on celebrities’ identity subjects their personalityrights to potential abuse and jeopardizes their career and livelihood. The idea that they need additional incentives in the form of publicity rights to motivate them is simply not credible.
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