JD Supra Law

APRIL 10, 2023

In the Civil Code of the People's Republic of China, which came into effect as of January 1, 2021, “personality rights” has become a major highlight for its independent codification. As a result, the protection of human dignity and personality rights has been further strengthened. By: Linda Liu & Partners

Personality Rights 52

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IP and Legal Filings

JANUARY 31, 2024

Other aspects of privacy include the right to one’s own body, individual autonomy, protection from state surveillance, informational self-determination, dignity, confidentiality, and the freedom to move, think, and dissent. The right to privacy must, in other words, be evaluated case-by-case. Kheharon in the case of Justice K.S.

Privacy 89

Privacy Personality Rights Confidentiality Law 89

Kluwer Copyright Blog

JUNE 14, 2023

So, the analogical link to civil personality rights would like to allow the introduction in the Italian legal system of a tort (extra-contractual liability) under article 2043 of the Civil Code for violation of an absolute right of the “person” State. The Tribunale di Firenze applied the Italian law: art.

Public Domain 98

Public Domain Intellectual Property Art Personality Rights 98

SpicyIP

JULY 9, 2021

The court examined relevant cases and held that celebrity rights ‘cannot be appreciated, divorced of the concept of right to privacy’ and that they originate from the right to privacy stemming from Article 21. Additionally, the court said that the issue of posthumous survival of celebrity rights ‘requires a deeper probe’.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

SpicyIP

JULY 17, 2023

We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personality rights. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. Her area of interest lies in IP and corporate law.

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

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. Note that the Berne Convention speaks of writings, lectures, paintings or sculptures (Article 2(1)).

Copyright 138

Copyright Derivative Work Music Copying 138

SpicyIP

MAY 21, 2024

Comparing the approaches of the Courts vis a vis personality rights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava. Comparing the approaches of the Courts vis a vis personality rights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava.

Personality Rights 45

Personality Rights Editing Trademark Blogging 45

Intepat

MAY 16, 2023

Recently, Amitabh Bachchan’s voice and his image had been used by various persons for commercial purposes without his consent. Since he is a well-known person and has publicity rights attached to his name and photographs, the infringers faced legal action. What are Publicity Rights?

Branding 98

Branding Brands Branding Personality Rights 98

LexBlog IP

JUNE 13, 2023

42 of 22 January 2004, hereinafter “Cultural Heritage Code”), which under Article 106 et seq. 42 of 22 January 2004, hereinafter “Cultural Heritage Code”), which under Article 106 et seq.

Art 52

Art Personality Rights Advertising Advertising 52

SpicyIP

AUGUST 27, 2021

The article endorses an intellectual property approach to understand the right and its infringement. This is achieved by understanding the parallels between publicity right and trademark law. Throughout the article, the author derives insights from US case laws which have had a considerable influence on Indian courts.

Law 137

Law IP Editing Intellectual Property 137

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 97

Intellectual Property Privacy Branding Brands 97

Selvam & Selvam Blog

APRIL 5, 2022

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. Indian courts have over time recognized personality rights of celebrities in different judgments.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

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 62

Personality Rights Privacy Social Media Intellectual Property 62

IP and Legal Filings

APRIL 8, 2023

Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

Privacy 75

Privacy Law Intellectual Property Music 75

IIPRD

AUGUST 11, 2023

Donjinshiisa self-published fan bookthatuses the existing manga characters violating the personality rights of the characters as was established in the famous caseof V.T. There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use.

Art 52

Art IP Intellectual Property Copyright 52

Technology & Marketing Law Blog

DECEMBER 27, 2021

this article ) and is now generating truckloads of cash for many lawyers. If you’re selling your personality rights, make sure you understand the implications!!! She also connected with a management group to build a vegan fast-casual restaurant chain called “By Chloe.” Case citation : Coscarelli v.

Copyright 142

Copyright Social Media Copying Blogging 142

The IPKat

OCTOBER 7, 2021

Fritsch, both talented and enthusiastic former students of mine, which - while reviewing Anderson.Paak 's latest tattoo - discusses post-mortem moral rights protection and the value of a tattoo as an. Despoina and Simon also recommend some music background by Anderson.Paak to accompany the reading of the article. & Simon J.

Moral Rights 134

Moral Rights Art Music Copyright 134

SpicyIP

JULY 29, 2021

Scaria and George in their article Copyright and Typefaces (p.9) 9) argue that any right or subject matter not specifically enumerated under the Copyright Act is beyond the purview of copyright protection in India. Murray in his article Copyright, Originality, and the End of Scenes a Faire and Merger Doctrines for Visual Work (p.4)

Copyright 126

Copyright Artistic Work Copyright Law Fair Use 126

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. This article does not create a solicitor-client relationship between you and MBM Intellectual Property Law LLP.

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

SpicyIP

JULY 27, 2023

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

Privacy Personality Rights Blogging Publishing 98

Kluwer Copyright Blog

APRIL 29, 2024

In this context of international and EU legal obligations to protect cultural rights, the EU has set a legal imperative to protect the public domain. Italy transposed Article 14 CDSM Directive explicitly indicating that the norm applies with no prejudice to the Italian Code of Cultural Heritage and Landscape (ItCCHL).

Public Domain 128

Public Domain Artwork Copyright Marketing 128

Kluwer Copyright Blog

APRIL 5, 2023

The Court applies Italian law cross-border to the unitary set of conducts, based on an economic-functional link among all company divisions, indicating as the main criterion of connection with Italian jurisdiction the forum damni ex Article 20 of the Italian code of civil procedure (c.p.c.), which refer to a person’s rights to name and image.

Public Domain 98

Public Domain Copyright Law Artwork 98

The IPKat

JUNE 4, 2022

There’s a threshold with regard to the right of likeness protection somewhere here, but the question is: where exactly? Last month, the Supreme People’s Court of China (SPC) released nine Typical civil cases of judicial protection of personality rights after the promulgation of the Civil Code of China.

Personality Rights 80

Personality Rights Music Advertising Advertising 80

Selvam & Selvam Blog

MARCH 28, 2022

In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’. Therefore, an integral issue that needs to be addressed is whether the personality rights of a player are infringed by using their names in fantasy sports.

Trademark 52

Trademark Personality Rights Privacy Licensing 52

SpicyIP

JULY 19, 2021

She argues that the courts are restricting traders from revealing objective facts about a rival’s product under the guise of intellectual property protection, which is open to constitutional scrutiny since the advertisements can only be restricted under Article 19(2) whereas the right to free speech under Article 19(1) extends to commercial speech.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Kluwer Copyright Blog

AUGUST 7, 2023

This is explicitly stated in Article 5, XXVII, of the Brazilian Constitution, and Article 1, Section 8, of the United States Constitution. Photographs were often undervalued as not all of them were considered products of creative activity.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

The IPKat

NOVEMBER 26, 2022

This said, the Court reviewed the CJEU decisions in CNIL and Glawischnig-Piesczek.

Law 142

Law Privacy IP Personality Rights 142

SpicyIP

JANUARY 2, 2022

Similar to the Delhi High Court judgment above, this Court in its interim order found that a prima facie case had been established to uphold the petitioner’s right to be forgotten. In this case, the right to be forgotten was located in Article 21 of the Constitution and a post Puttaswamy framework.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

DECEMBER 30, 2023

[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.

IP 124

IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

DECEMBER 6, 2023

This article is divided into two parts. The first part of this article explained the meaning of publicity rights and delved into the facet of legal recognition of publicity rights in jurisdictions other than India. First Part Right of Publicity Published on Mondaq. Puttaswamy (retd.) Union of India and Ors.

Privacy 97

Privacy Intellectual Property Law Intellectual Property Advertising 97