SpicyIP

DECEMBER 6, 2023

2(c), the fair use exemption thereof under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. 52(1)(t); and (ii) if yes, whether the proviso of the same or ‘fixation requirement’ excludes it from the scope of fair use. As a corollary, it also asserted ‘moral rights’ over the mural under Sec.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

SpicyIP

DECEMBER 20, 2023

Interestingly, before Bachchan’s issue, Suchita elaborated on the status of personality rights in India against the backdrop of claims of the wife of the late Steve Irwin. In 2014, the Bombay High Court restrained the singer Mika Singh and the recording label OCP Music from publishing an advertisement that impinged Sonu’s personality rights.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Kluwer Copyright Blog

SEPTEMBER 1, 2021

music synchronised in an advertisement) and adaptations (e.g. 113-4 IPC states that ‘A composite work shall be the property of the author who has produced it, subject to the rights of the author of the pre-existing work.’ This freedom of expression defence was used in the Koons cases, in addition to the parody defence.

Derivative Work 106

Derivative Work Copyright Law Copyright Law 106

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Put differently, is it fair for corporations to have their cake and eat it too? Zywicki & Thomas J. vii] Deidrè A.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

SpicyIP

DECEMBER 11, 2023

Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? Lokesh, in this lovely poem, describes how he’d imagine that conversation would happen, highlighting the overlap between the two. Click to read!

Trademark 103

Trademark Fair Use Moral Rights Art 103

SpicyIP

DECEMBER 30, 2023

However, in case such a use does amount to an infringement, the Court clarified that Google, the concerned platform here, will be held accountable and will not be able to claim protection as an intermediary under Section 79 of the IT Act since it effectively sells these marks to the advertisers. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124