article thumbnail

St. Art Foundation v. Acko General Insurance: Decoding Street Art, Fair use and Moral rights

SpicyIP

52(1)(t) and ‘moral rights’ of the author in such work. Lastly, I will discuss the argument of moral rights of the author in contending the ‘fair use exemption’ of their work. As a corollary, it also asserted ‘moral rights’ over the mural under Sec. 2(c), the fair use exemption thereof under Sec.

article thumbnail

The Modern Copyright Dilemma: Digital Content Ownership and Access

IP and Legal Filings

Concerns of the Creators The very purpose of protecting intellectual property rights is to reward the creator for his/her intellectual creation, to encourage the creative endeavours for their growth, and to protect the creation of one’s intellectual labour. These rights are transferrable for financial benefits.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

The Rise of Influencer Marketing – Contractual Considerations

IP Tech Blog

Clear Disclosure : In the UK, the Advertising Standards Authority (the ASA) and the Competition and Markets Authority (the CMA) regulate influencer marketing by requiring compliance with the CAP Code and consumer protection law. A brand should also obtain waiver of moral rights from the influencer.

article thumbnail

The Rise of Influencer Marketing – Contractual Considerations

LexBlog IP

Clear Disclosure : In the UK, the Advertising Standards Authority (the ASA) and the Competition and Markets Authority (the CMA) regulate influencer marketing by requiring compliance with the CAP Code and consumer protection law. A brand should also obtain waiver of moral rights from the influencer.

article thumbnail

Maasai Fashion: Indigenous People Vs Corporates

IP and Legal Filings

Jaguar Land Rover had used the imagery of the Maasai community to enhance the aesthetics of their advertisement. Hence, it is unethical to use Maasai imagery for the sake of free advertisements or cultural misappropriation. A shoe company called Masai Barefoot Technology as well used Maasai iconography while launching their brand.

article thumbnail

Personality Rights In India : A Statutory And Judicial Analysis

IP and Legal Filings

Protection Of Personality Rights Under Ipr Although the provisions of the country’s current IPR laws can be used as an indirect reference, the law dealing to such a violation of image rights has not received exclusive recognition under Indian law. In Titan industries v. M/S Ramkumar jewellers, CS (OS) No.2662/2011,

article thumbnail

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

SpicyIP

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124