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The Bombay High Court order of 7th March 2025, making the interim injunction in favour of Karan Johar absolute, has added more fuel to the fire of the debate over personalityrights protection. However, it has become more common to uphold these rights without thoroughly reasoning each decision, and this case is an example of that.
& Ors that has once again brought to the spotlight the debate of balancing the protection of celebrity personalityrights and the freedom of expressions and parodical use. Rights or Wrong?: Are We Going in the Correct Direction for PersonalityRights? India Pride Advisory Private Ltd. &
However, the order was brief and did not specify any statutory or common law basis for the protection of personalityrights, merely citing Titan Industries as precedent. For example, can personalityrights be viewed as an extension of the right to privacy? In Gautam Gambhir v. D.A.P & Co. &
The development of Artificial Intelligence, from being able to create edited photos to now generating deepfake videos that cannot be distinguished from real videos, has created an imminent threat to intellectual property rights and personalityrights specifically. and includes both commercial and non-commercial aspects.
Introduction Personalityrights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. 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.
However, this article will discuss the reasoning of the court with respect to relief claimed by the Plaintiff against a creator of a YouTube video who compiled the interviews of the plaintiff and depicted his personality as ‘thug life’ The plaintiff contended that such videos portrayed him in a derogatory manner. million views.
INTRODUCTION - Publicity rights play an important role in India based on the culture of celebrity worship and the importance of the name, image, and likeness of sports, television and media personalities, political figures, musicians, etc. In India, the right to publicity is recognised as a part of the right to privacy.
Recently, Bollywood Director Karan Johar [1] filed a case against the makers of “Shaadi Ke Director Karan Aur Johar” for using his name in the title of their movie without permission, this lawsuit has sparked again the debate relating to personalityrights in India. Topps Chewing Gum Inc. [2] Rajagopal v.
Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personalityrights, Govt. Part II: The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet……. Part III: The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet……. The Show Must Go On?
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 PersonalityRights from any such misuse is a must. PERSONALITYRIGHT.
Jokes aside, the title of today’s post is “Your Face, is My Case,” because we’re talking about likeness and image rights, sometimes collectively referred to as “personalityrights.” Student athletes are allowed to fully control their personalityrights and make money licensing them.
Considering the same, the Courts have started providing remedies under the scope of personalityrights wherein protection is granted against the unauthorized use of names, images, voice, likeness, dialogues or traits of popular celebrities.
Image from here Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous PersonalityRights 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.
There has been immense activity surrounding the jurisprudence of celebrity rights in India with numerous judicial pronouncements in recent years. In a recent development, the High Court of Delhi confirmed that the publicity rights of individuals are not inheritable and extinguished with the death of the individual/celebrity.
The screenings once recorded as part of the broadcasting right then become a part of the broadcasters inventory, giving them full right to reproduce, as part of the agreement either on its own terms or by paying a fee to the original franchise owner.
There has been immense activity surrounding the jurisprudence of celebrity rights in India with numerous judicial pronouncements in recent years. By: International Lawyers Network
Comparing the approaches of the Courts vis a vis personalityrights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava. Comparing the approaches of the Courts vis a vis personalityrights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava.
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.
The Supreme Court has again ruled on the protection of the personalityrights 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.
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.
Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s orders in the Pertuzumab patent dispute, order concerning personalityrights of the Telugu movie star Vishnu Manchu, and Madras High Court’s decision on burden of proof in patent revocation cases.
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.
Using company designations in customer reference lists without explicit authorisation is grounds for infringement, Munich’s regional court has held. However, this ruling does not guarantee that further reimbursement will be granted.
Using company designations in customer reference lists without explicit authorisation is grounds for infringement, Munich’s regional court has held. However, this ruling does not guarantee that further reimbursement will be granted.
This question is quite relevant in the context of posthumous application of publicity rights. But if it’s a personalright, then it obviously ceases with the individual’s demise. In DM Entertainment , Daler Mehndi had assigned all his rights and interests in his personality to the entity, DM Entertainment.
More > Tags: college athletes , collegiate athletics , Intellectual Property , Name, Image, and Likeness , NCAA , personalityrights. This new law opens up many doors for college athletes to benefit from their most closely held intellectual property—themselves.
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 PersonalityRights cases. Anything we are missing out on?
Factual Background The case at hand involved the plaintiff seeking an interim injunction against the defendants to restrain them from using the name/likeness of the late actor unauthorizedly through the release of the impugned film amounting to infiltration of personalityrights, violation of free trial, passing off et al.
The unprecedented Ensuring Likeness Voice and Image Security (“ELVIS”) Act greatly expands the reach of Tennessee’s Protection of PersonalRights law by creating an enforceable property right in a person’s “name, photograph, voice, or likeness.”
Among the many grounds was the court’s refusal to afford post mortem protection to personalityrights of the actor. I shall specifically be dealing with the contention around publicity rights. Brief facts. The matter is now scheduled for hearing for tomorrow. Court’s reasoning.
Effective on July 1, 2024, the Ensuring Likeness Voice and Image Security (ELVIS) Act will amend Tennessee’s PersonalRights Protection Act of 1984 to explicitly include protections for songwriters, performers, and music industry professionals’ voice from misuse of artificial intelligence (AI).
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.
He also understood the power of his own story, safeguarding his image through personalityrights and exercising control over how his likeness was used. Rather than building companies from the ground up, he partnered with trusted firms through royalty-based agreements that scaled efficiently while protecting the integrity of his brand.
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 personalityrights. The plaintiff further argued that he was the lawful successor to the personalityrights of the late actor. Her area of interest lies in IP and corporate law.
In the Civil Code of the People's Republic of China, which came into effect as of January 1, 2021, “personalityrights” has become a major highlight for its independent codification. As a result, the protection of human dignity and personalityrights has been further strengthened.
In such a situation, public disclosure of even true private facts may amount to an invasion of the right of privacy which may sometimes lead to the clash of one persons “right to be let alone” with another personsright to be informed.28.
One other thing that was noteworthy from this case was that the University sought the opinion of the Kenya Copyright Board (KECOBO) on the matter and KECOBO issued a Legal Opinion wherein it stated that the University’s actions may have violated the right to human dignity and privacy, data rights, personalrights and proprietary rights.
The Act, which amends the Tennessee PersonalRights 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.
on 7 February, 2025 (Delhi High Court) Image from here In a trademark and personalityrights 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.
This is a putative class action lawsuit against a people search company for allegedly misusing publicity and personalityrights by displaying images contained in yearbooks. Judge Chen (of the Northern District of California) answered this question “no”. The Ninth Circuit affirms in a memorandum opinion.
In India, most notably videos of the popular TV personality Rajat Sharma were seen circulating online where he was seen spreading misinformation, damaging his reputation as a credible journalist. The journalist sought a permanent injunction, contending the wrongful use of AI infringed IP and personalityrights.
Jammable is just one worrying example of AI developers encroaching on the personalrights of music creators for their own financial gain,” Musicians’ Union General Secretary Naomi Pohl says.
It’s also important to note that past rulings by the Calcutta High Court and Delhi High Court have found websites/platforms streaming copyrighted songs for profit not to be covered under Section 52(1)(a)(i) of the Act so as to protect individual personalityrights.
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