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[Guest post] Deepfake it till you make it: How does AI relate to postmortem personality rights?

The IPKat

The IPKat has received and is pleased to host the following contribution by Danish Katfriends Jakob Plesner Mathiasen and Thit Nymand Nisbeth (both Gorrissen Federspiel) on the interplay between AI, deepfakes, and personality rights in the form of image/publicity rights. However, there is no federal law regarding the matter.

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Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights

SpicyIP

The jurisprudence concerning publicity rights for living individuals has been previously examined here , here and here. Let’s see what the various case laws pertaining to the posthumous survival of celebrity rights have held. In 2010, in Kirtibhai Raval v. Can publicity rights survive after a celebrity’s death?

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Journey Through “Novembers” on SpicyIP (2005 – Present)

SpicyIP

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! Sounds “Jhakaas!” see also Sourav Ganguly vs Tata Tea ).

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Traditional Tattoos on the Red Carpet: Continuing the Conversation of Collective Ownership

IPilogue

In 2009, the Hudson’s Bay Company (HBC) mass-produced sweaters as part of their official merchandise for the 2010 Vancouver Olympics. The court ruled that the tattoo artist did in fact own the copyright in his tattoo design; however, he was limited by the personality rights of the person he tattooed.

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Taking Publicity and Privacy to the Grave: Delhi High Court on Descendability of Publicity Rights

SpicyIP

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 personality rights, violation of free trial, passing off et al.

Privacy 98
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A Look Back at India’s Top IP Developments of 2023

SpicyIP

[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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Right of Publicity Part 2

IP and Legal Filings

JIPS 88 Indian Performing Right Society vs Eastern India Motion Pictures 1977 SCR (3) 206 Raja Pocket Books vs Radha Pocket Books 1997 (40) DRJ 791 M. vs. Baby Gift House and Ors.MANU/DE/2043/2010 ArunJaitley v. , (2020) 3.2 Entertainment Pvt. Network Solutions (P) Ltd.CS(OS) OS) 1745/2009 Rajagopal and Ors.

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