SpicyIP

AUGUST 4, 2024

Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personality rights. The Court reiterated that celebrities are entitled to protect facets of their personality against unauthorized commercial exploitation by third parties. Terex India Private Limited vs Cde Asia Ltd. &

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SpicyIP

FEBRUARY 17, 2025

However, the announcement was made through a social media post by the Minister and no official statement has been published on the website. The unauthorized commercial exploitation of Late Ratan Tatas name and image was also recognized as a violation of personality rights. Read for more on this update!

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IP and Legal Filings

JANUARY 27, 2025

AI has increasingly been used to create literary, artistic and musical works, circulating all over social media, and it has become the gateway for the general public to the domain of AI. The journalist sought a permanent injunction, contending the wrongful use of AI infringed IP and personality rights.

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IPilogue

DECEMBER 9, 2021

This may become tricky in the context of social media, as memes only become popular by copying and reposting. While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. Is Infringement Even Possible Then? According to s.3(1)

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Selvam & Selvam Blog

APRIL 5, 2022

The power of the internet, in particular that of social media is humungous. When used strategically, social media becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common. Personality Rights.

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SpicyIP

SEPTEMBER 25, 2023

Case Summaries Anil Kapoor vs Simply Life India & Ors on 20 September, 2023 (Delhi High Court) Image from here The Plaintiff sought protection of his personality rights, publicity rights and elements associated with his persona like his name, voice, photographs/ likeness, dialogues, manner of dialogue delivery, gestures, signatures.

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SpicyIP

AUGUST 12, 2024

PART I] Synthetic Singers and Voice Theft: BomHC protects Arijit Singh’s Personality Rights In a first of its kind order in India, the BHC restrains AI platforms from using likeness of famous singer Arijit Singh, finding them to prima facie infringe his personality rights. Read on below to know more.

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Canadian Intellectual Property Blog

JUNE 10, 2020

We live in the digital age of smartphones and social media, where the large scale capturing and sharing of photographs has become a global run-of-the-mill form of communication and expression. The rights in these photographs are typically subject to the licensing schemes of the various social media platforms to which they are posted.

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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].

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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.

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SpicyIP

NOVEMBER 19, 2023

Though the parties were able to reach an agreement and the defendant removed the hoarding and other posts on social media sites, considering the question of whether such a use would fall under Section 52 or not, the court posted the matter for further hearing on February 2.

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IP and Legal Filings

FEBRUARY 20, 2024

ABSTRACT There has been a dramatic increase in the commercial use of celebrity personalities by people not authorized to do so compared to the earlier times. Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. Interesting right? Puttaswamy v.

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Personality Rights Privacy Social Media Intellectual Property 92

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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SpicyIP

AUGUST 16, 2021

Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. When they do that, they open themselves up to accusations of unauthorisedly infringing on the athlete’s personality rights.

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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.

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Intepat

MAY 16, 2023

A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various social media platforms and many people fell into this trap. Subsequently, Amitabh Bachchan filed a suit in the court claiming a violation of publicity rights. What are Publicity Rights?

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SpicyIP

JULY 9, 2021

(CNR Number: KLTV010019372021) The reason for filing the suit was that certain unknown people had posted without authorisation original sound recordings created by Vempati Ravi Shankar (the plaintiff’s late husband) on the defendant’s social media platforms – Facebook and Instagram. Are they personal rights or property?

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SpicyIP

MAY 20, 2024

The plaintiff alleged that the defendant not only manufactures the impugned product but also promotes the same on social media. The Peppy Stores & Ors.

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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.

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SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. Recognition of non-human inventors, AI and its implications for India.

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SpicyIP

NOVEMBER 8, 2024

Views expressed here are personal.] Ex Parte Orders on Personality Rights Courts lately have been passing a slew of ex-parte ad interim orders against Generative Artificial Intelligence (‘gen AI’ ) models for training their models using the voices of celebrities, and for producing output that reciprocates the celebrity’s voice.

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SpicyIP

DECEMBER 27, 2024

In recent times, the Delhi High Court has been spewing out decisions involving the Personality Rights of celebrities. We had the Anil Kapoor decision last year and similar rulings followed in 2024 dealing with the rights of Jackie Shroff , Vishnu Manchu , Arijit Singh.

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SpicyIP

OCTOBER 1, 2023

In a “Jhakaas” (a slang for fantastic) news for the actor Anil Kapoor, Delhi High Court granted the actor an interim injunction against use/ misuse of his personality rights. Image from here Image Rights Alright—But Can They Trump Established Rights and Doctrines? The Curious Question 2—What About the Doctrine of Laches?

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