IP and Legal Filings

OCTOBER 11, 2022

Every day we come across many such influencers and celebrities endorsing products wherein the personality of an individual is traded either by validation or without. Living in an era where influential personalities are reverenced, fortifying Personality Rights from any such misuse is a must. PERSONALITY RIGHT.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

SpicyIP

SEPTEMBER 8, 2024

Image from here Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous Personality Rights By Julia Anna Joseph and Snehal Khemka Generative Artificial Intelligence (“AI”), a game-changing phenomenon in modern day life creates art, plans daily tasks, analyzes data, generates music, and much more.

Personality Rights 45

Personality Rights Privacy Art Music 45

Traverse Legal Blog

OCTOBER 24, 2024

International Variations: Similar rights exist in other countries, often referred to as “personality rights” or “rights of persona.” ” Your Right of Publicity, Name and Likeness A claim for violation of Right of Publicity can be either statutory or common law and varies state by state.

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Social Media Copyright Infringement Copyright Law 98

SpicyIP

AUGUST 2, 2024

Explaining why and how such seemingly innocuous posts infringe on the shooter’s personality rights, we are pleased to bring to our readers this post by SpicyIP intern Tejas Misra. Personality Rights: Publicity or Privacy? It can include their face, voice, characteristics and distinctive qualities or attributes.

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Branding Branding Brands Personality Rights 105

Garrigues Blog

JULY 11, 2022

The Supreme Court has again ruled on the protection of the personality rights of deceased celebrities. Analyzed in conjunction with the previous Dalí judgment, this new ruling may introduce some uncertainty as to the post mortem scope of protection of such rights. La entrada A blow to image rights?: Ricardo López Alzaga.

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52

SpicyIP

JULY 9, 2021

He was credited with the creation of many musical compositions and choreographies. A copyright holder has the exclusive right to communicate his work to the public and as the plaintiff’s sound recordings were used without authorisation, copyright infringement could be easily proved. A celebrity’s name, photos, music, etc.

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Moral Rights Privacy Personality Rights Copyright 98

IP and Legal Filings

JANUARY 27, 2025

AI, a simulation of human intelligence by a computer system designed to perform tasks typically done by human beings, has in just a few short years evolved beyond what was previously believed possible, and has manifested itself in even creating new works of Intellectual Property, such as art, literature, music, etc.

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SpicyIP

JANUARY 13, 2025

Here is our recap of last weeks top IP developments including summaries of the posts on Lemleys and Hendersons paper on AI Terms of Use Restrictions, CGPDTM order on the removal of a patent agent, Delhi HC order on disclosure of a PhD and Public Interest Need in Personality Rights cases. Anything we are missing out on?

Personality Rights 52

Personality Rights Trademark Registration Artwork 52

SpicyIP

AUGUST 22, 2021

In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. It is noted that the test for identifying infringement of personality rights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion. and held that Google Inc.

Personality Rights 119

Personality Rights Reporting Social Media Branding 119

The IPKat

OCTOBER 7, 2021

Fritsch, both talented and enthusiastic former students of mine, which - while reviewing Anderson.Paak 's latest tattoo - discusses post-mortem moral rights protection and the value of a tattoo as an. Despoina and Simon also recommend some music background by Anderson.Paak to accompany the reading of the article. & Simon J.

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Moral Rights Art Music Copyright 134

JD Supra Law

JUNE 10, 2024

The Act, which amends the Tennessee Personal Rights Protection Act of 1984, was enacted in response to the growing proliferation of AI-generated and deepfake music that has mimicked the work of many stars and celebrities. The Act broadly proscribes the distribution of “an. By: Alston & Bird

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Design Designs Personality Rights Law 54

The IPKat

SEPTEMBER 24, 2023

The painter makes his own brush marks," while in music "sounds replace the lines and colour." They therefore introduced additional rights for derivative works, such as translations, film adaptations or musical arrangements (pp. If someone invades your privacy, you can enforce your personality rights.

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Copyright Derivative Work Music Copying 138

IP and Legal Filings

APRIL 8, 2023

Cable, Video & Music Piracies The illegal production and sale of videos/movies are referred to as video piracy. Cable Piracy is the illegal transmission of films via a cable network, whereas Music Piracy is the illegal recording and sale of music. However, the industry is still dealing with a slew of legal issues daily.

Privacy 98

Privacy Law Intellectual Property Music 98

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

Technology & Marketing Law Blog

DECEMBER 27, 2021

If you’re selling your personality rights, make sure you understand the implications!!! The application of this principle to this case is easy: the elements that Defendants allegedly copied from Coscarelli’s cookbooks are primarily lists of ingredients and directions for combining them. Case citation : Coscarelli v.

Copyright 144

Copyright Social Media Copying Blogging 144

SpicyIP

FEBRUARY 17, 2025

on 7 February, 2025 (Delhi High Court) Image from here In a trademark and personality rights infringement suit, the plaintiffs, Sir Ratan Tata Trust and Tata Sons, sought relief against the defendants for unauthorized use of the well-known trademarks TATA and TATA TRUSTS, as well as the well-known personal name and image of Late Ratan N.

Trademark 59

Trademark Copyright Registration Personality Rights 59

SpicyIP

JANUARY 2, 2022

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.

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IP Intellectual Property Trademark Copyright 143

SpicyIP

AUGUST 4, 2024

Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personality rights. The plaintiff argued that it has obtained assignments and exclusive control over copyrights of several music labels. Suno admits using copyright music to train its AI model but claims it as fair use.

Social Media 105

Social Media Trademark Licensing Music 105

The IPKat

MAY 29, 2023

Ochoa authors Chapter 9, which is devoted to the overlaps between copyright and the rights of publicity or personality rights. 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.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

SpicyIP

MARCH 9, 2025

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?

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Trademark Patent Copyright Patent Application 59

IP and Legal Filings

JULY 23, 2024

Using Deepfake technology and artificial intelligence, the music industry is experiencing the growth of these tools to recreate the voices of both late and live singers. Laws that acknowledge personality and publicity rights in the framework of personal attributes—including voice—have a great need.

Music 59

Music Copyright Personality Rights Technology 59

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

SpicyIP

JULY 19, 2021

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 Court refused to afford post mortem protection to personality rights of the actor. Other Posts.

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Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights? Additionally, Sec. Under this Act, Sec.

Branding 98

Branding Branding Brands Personality Rights 98

The IPKat

JUNE 4, 2022

Or how about the addition that he taught Michael Jackson to play basketball in a musical video entitled ‘ Jam ’? There’s a threshold with regard to the right of likeness protection somewhere here, but the question is: where exactly?

Personality Rights 81

Personality Rights Music Advertising Advertising 81

IPilogue

DECEMBER 9, 2021

In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. Copyrighting a Meme. Artistic Work. According to s.3(1)

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On September 20, the Delhi High Court granted relief to film actor Anil Kapoor against the unauthorised use of his image, name, voice, and other traits of his persona for monetary gain, reinforcing his personality rights. Sarl a A Sarogi , where the Court affirmed the position on descendability of publicity rights.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

DECEMBER 20, 2023

From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personality rights : Since Shouvik’s 2010 post about Amitabh Bachhan’s concern over the use of his voice to sell Gutka (an addictive substance), we have come to a long way! Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Selvam & Selvam Blog

APRIL 5, 2022

Music vector created by macrovector. Unfortunately, in India, there is no specific legislation which protects the intellectual property rights of celebrities. Personality Rights. Indian courts have over time recognized personality rights of celebrities in different judgments. Tata Tea Ltd (CS no.

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Marketing Marketing Social Media Personality Rights 40

Copyright Lately

OCTOBER 2, 2024

Check out the full background on the case here , but on Monday, a Miami federal judge handed the 1980s rap group a significant legal win by affirming that copyright termination rights are a personal right, not a property right, and therefore aren’t extinguished by bankruptcy.

Copyright 56

Copyright Personality Rights Design Designs 56

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

SpicyIP

MAY 20, 2024

IPRS argued that Vodafone’s use of the sound recordings infringed the copyright of authors of the underlying literary and musical works. The present dispute pertained to Vodafone’s use of sound recordings as “Caller Ring Back Tone”. The Peppy Stores & Ors.

Trademark 45

Trademark Advertising Advertising Invention 45

SpicyIP

DECEMBER 6, 2024

Image from here Music Academy v. V Shrinivasan: “Will”ing Posthumous Privacy/Publicity Rights into Existence By Bharathwaj Ramakrishnan In a recent interim order (see here for a news report on this development, and for the Order see here ( pdf )) issued by the Madras HC in the case of Music Academy v.

Privacy 59

Privacy Music Law Personality Rights 59

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.

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IP Invention Patent Copyright 105

IP and Legal Filings

DECEMBER 6, 2023

Eastern India Motion Pictures Association it was held by the Supreme Court of India that a person composing music and lyrics will have the right of performing it in public for profit purposes and he cannot be refrained from doingso even if the that music or lyrics is a part of the cinematograph film and the film producer has a copyright in the same.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

SpicyIP

NOVEMBER 8, 2024

Image from here [Part II] The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet…… The Show Must Go On? “It Protects Them From Exploitation” The Claim : Capitalizing on celebrities’ identity subjects their personality rights to potential abuse and jeopardizes their career and livelihood.

Privacy 64

Privacy False Advertising Personality Rights Branding 64