Advertising Fair Use Moral Rights Social Media 
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.
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.
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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.
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.
43(B)log
APRIL 7, 2023
This is a form of stringency and affects incentives for non-divisibility, especially given US statutory damages and injunctions. No balancing required—recognizing fair use is not required for platforms, nor is giving users much procedure. Stringency can thus be non obvious, contested/contestable, and downside risk matters.
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