SpicyIP

JULY 9, 2021

Right of Publicity: Post Mortem? . India does not have codified law for publicity rights and the precedents are the only way to understand its origin, nature and scope. For establishing infringement of the right of publicity, certain requirements need to be fulfilled which have been given in Titan Industries v.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. Paragraph 31].

Privacy 97

Privacy Personality Rights Advertising Advertising 97

McBayer IP Blog

AUGUST 17, 2021

Posted In Intellectual Property , Name, Image, and Likeness , Publicity Rights Believe it or not, there are no federal statutes or case laws protecting your exclusive right to the use of your name, image, and likeness (NIL) or any other defining factor of your identity, such as your voice or signature.

Television 52

Television Personality Rights Intellectual Property Privacy 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws. This unauthorized usage may also give rise to breaches of confidence or violations of privacy.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

IP and Legal Filings

NOVEMBER 23, 2023

Introduction There is no exact legislation in India concerning regulating the publicity rights of a sports athlete. Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i]

Intellectual Property 95

Intellectual Property Privacy Branding Brands 95

SpicyIP

JULY 17, 2023

Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh. Her area of interest lies in IP and corporate law. Her area of interest lies in IP and corporate law. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. Drop us a comment below!

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

Intepat

MAY 16, 2023

This brings us to the question of whether the usage of such photographs is lawful or not, regardless of the person being a celebrity. Recently, Amitabh Bachchan’s voice and his image had been used by various persons for commercial purposes without his consent. What are Publicity Rights? Under this Act, Sec.

Branding 98

Branding Brands Branding Personality Rights 98

Technology & Marketing Law Blog

MARCH 23, 2022

This is a putative class action lawsuit against a people search company for allegedly misusing publicity and personality rights by displaying images contained in yearbooks. Under California law, where the lawyer has express authority, the client may be bound by the lawyer’s agreement to a contractual term. March 18, 2022).

Privacy 99

Privacy Contracts Personality Rights Litigation 99

Canadian Intellectual Property Blog

JUNE 10, 2020

When it comes to celebrities and other public figures, the laws across Canada have established various personality rights to protect these individuals from the exploitation of their image or likeness. The case law has established that to succeed in the tort of appropriation of personality, the following criteria must be met: 1.

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

The IPKat

SEPTEMBER 24, 2023

Here's what Jakub writes: Artificial Intelligence and (hopefully) the death of copyright by Jakub Wyczik* Last year, I wrote an article about how copyright law relates to creations generated by AI. The problem is not human, but the work In fact, the whole issue is not about a person, but about a work.

Copyright 138

Copyright Derivative Work Music Copying 138

SpicyIP

MAY 3, 2023

are typically objected to on the grounds of personality rights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation. This is coupled with a dismal lack of awareness of rights (especially of the non-economic kind) available under copyright law amongst authors in India.

Moral Rights 114

Moral Rights Personality Rights Copyright Privacy 114

SpicyIP

JULY 27, 2023

Devangini is a graduate of the University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. Arguments and Decision The plaintiff argued that the defendant has violated the late actor’s privacy and personality rights by its unauthorised use. She is an IP lawyer based out of New Delhi.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

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.

Personality Rights 61

Personality Rights Privacy Social Media Intellectual Property 61

IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Current State of the Law on Tattoo Designs.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

Selvam & Selvam Blog

APRIL 5, 2022

Unfortunately, in India, there is no specific legislation which protects the intellectual property rights of celebrities. Personality Rights. Also referred to as publicity rights, it is defined as the right of a person to his/her own personality and provides for the right to control commercial use of one’s human identity.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

The IPKat

NOVEMBER 26, 2022

It is also a question without an easy answer, given the conflicting rights and interests that come into consideration and require to be fairly balanced. Just a few days after CNIL , however, the CJEU ruled once again on the territorial scope of injunctions relating to the protection of rights online.

Law 142

Law Privacy IP Personality Rights 142

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

SpicyIP

JULY 13, 2021

student at the NALSAR University of Law, Hyderabad. Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. I shall specifically be dealing with the contention around publicity rights. Nishtha is a 4th year B.A. Nishtha Gupta. Brief facts.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

SpicyIP

AUGUST 16, 2021

PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. 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. from Duke University in 2019.

Social Media 72

Social Media Personality Rights Law Branding 72

Kluwer Copyright Blog

APRIL 29, 2024

For more than seven decades, international law has consistently led countries to embrace culture as a global and cross-border value for humanity. The human right to cultural participation has become a pillar of protecting and empowering individuals and communities.

Public Domain 130

Public Domain Artwork Copyright Marketing 130

The IPKat

AUGUST 9, 2021

Anja had a relevant publication in 2020, in case readers are interested: How Comprehensive Is Chinese Data Protection Law? On the one hand, there are privacy and data protection concerns, as this is a particularly intrusive form of data processing. The IPKat is delighted to host the following guest post by Anja Geller (Ph.D.

Technology 127

Technology Privacy Law Litigation 127

SpicyIP

JULY 19, 2021

In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

LexBlog IP

MAY 2, 2022

Personal Branding. What is Right of Publicity? Who is affected by the Right of Publicity? Personal Rights vs. Property Rights. The implications of the Right of Publicity. The two rights are often confused because they both relate to the control of an individual’s name and image.

Branding 52

Branding Brands Branding Personality Rights 52

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

DECEMBER 6, 2023

Right To Publicity- A Constitutional Right The right of publicity stems from the right of privacy. But right to privacy only came to be recognised as a fundamental right in the year 2017 in the case of Justice K.S. Puttaswamy (retd.) Union of India and Ors. Nonetheless, in R. Rajagopal v.

Privacy 94

Privacy Intellectual Property Law Intellectual Property Advertising 94