article thumbnail

If a Lawyer Accepts a TOS While Investigating a Claim, Does It Bind the Client to Arbitration?

Technology & Marketing Law Blog

This is a putative class action lawsuit against a people search company for allegedly misusing publicity and personality rights by displaying images contained in yearbooks. This case addresses the often-relevant question of whether counsel can compromise a client’s rights through use of a site or agreement to a terms of service.

Privacy 99
article thumbnail

Wanjiru v Machakos University: Image rights and its relationship with constitutional/human rights in Kenya

The IPKat

Wanjiru argued that the motive of using the photograph was commercial gain seeing as people would pay to take the advertised courses and that the use of her image resulted in people assuming that there was an employment or a brand ambassador contract between the parties when there was none.

Privacy 97
Insiders

Sign Up for our Newsletter

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

article thumbnail

Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part I

SpicyIP

are typically objected to on the grounds of personality rights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation. The integrity right can be exercised by legal representatives of the author as well.

article thumbnail

[Guest post] China’s path to regulating facial recognition technology

The IPKat

Already enacted and practically significant , but legally non-binding is the “Personal Information Security Specification” of 2020, which similarly categorises “facial recognition features” as sensitive personal information and requires explicit, unbundled consent and specific security measures.

article thumbnail

No Injunction on the Film ‘Nyay: The Justice’: Is It Really Just?

SpicyIP

A recent order by a single judge of the Delhi High Court in a litigation demanding an injunction on the release of the film allegedly based around the life of Sushant Singh Rajput (‘SSR’) is another instance of the controversy surrounding the matter. I shall specifically be dealing with the contention around publicity rights.

Privacy 105
article thumbnail

A Look Back at India’s Top IP Developments of 2021

SpicyIP

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143
article thumbnail

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

SpicyIP

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124