SpicyIP

JULY 29, 2021

We’re happy to bring you a guest post by Shivam Kaushik on the copyrightability of fonts. Fonts & Typefaces: Are they Copyrightable? . Their function is so fundamental, and presence so ubiquitous that the thought that fonts and typefaces are eligible for copyright protection, seems inconceivable at first.

Copyright 126

Copyright Artistic Work Copyright Law Fair Use 126

IP and Legal Filings

APRIL 8, 2023

Unless with his/her consent, the right to control the commercial use of his/her own identity should be exclusively theirs. Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person.

Privacy 73

Privacy Law Intellectual Property Music 73

SpicyIP

AUGUST 27, 2021

Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14 th , 2021 we announced the 2 nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad ‘s 45 th birth anniversary. A photograph of Prof. (Dr.) Shamnad Basheer. And the winners are: 1.

Law 137

Law IP Editing Intellectual Property 137

Technology & Marketing Law Blog

DECEMBER 27, 2021

Chloe asserted copyright claims against the management group for posting her recipes to its website. Normally I’m Team Vegan all the way, but I exit Team Chloe when I see a low-merit copyright claim like this. Whereas the latter may be entitled to copyright protection, the former plainly is not. ” Really? Imapizza v.

Copyright 140

Copyright Social Media Copying Blogging 140

SpicyIP

JULY 9, 2021

Recently, a copyright infringement suit had been filed before the District Court, Trivandrum, against Facebook India. Being his sole legal heir, the copyright in these works is held by Sweety Priyanka Vempati Ravi Shankar. The Right to Integrity. Right of Publicity: Post Mortem? . Image from here.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

SpicyIP

FEBRUARY 10, 2024

In response to a series of unstarred questions regarding copyright infringement by generative AI, directed towards the Minister of Commerce and Industry, Union Minister of State for Commerce and Industry, Shri. Whether the government plans to amend the Copyright Act of 1957 to update copyright laws to cover AI-generated content.

Moral Rights 113

Moral Rights Copyright Infringement Related Rights Government 113

IPilogue

DECEMBER 9, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. Copyrighting a Meme. In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Shayna Jan is a 3L J.D.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

SpicyIP

JULY 17, 2023

Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh. Her area of interest lies in IP and corporate law. Her area of interest lies in IP and corporate law. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. Drop us a comment below!

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

TorrentFreak

MARCH 20, 2024

This technology, which partly relies on copyrighted recordings, has been controversial for a while. After the RIAA put a spotlight on Voicify, the BPI maintained the pressure in a letter to the site’s operators, urging them to stop all copyright-infringing activity. In a recommendation to the U.S.

Music 104

Music Copyright Personality Rights Technology 104

Kluwer Copyright Blog

JUNE 14, 2023

The Tribunale di Firenze applied the Italian law: art. 107-108 of the Legislative Decree 42/2004 , Cultural Heritage Code “Codice dei Beni Culturali” (the public law on the regulation of cultural heritage) and, by analogy, art. In particular, under EU law the Italian public cultural property seems to be inconsistent with art.

Public Domain 98

Public Domain Intellectual Property Art Personality Rights 98

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. The issue has often arisen in the context of protecting confidential information through copyright law.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Intepat

DECEMBER 26, 2023

student from Hidayatullah National Law University. Protection of IPR by AI Intellectual Property Law with relation to Artificial Intelligence , plays a crucial role in safeguarding intellectual property by employing algorithms and content matching to detect infringing works. *Written by Narendra Rathia, a 4th Year B.A.

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

The IPKat

NOVEMBER 6, 2023

This means navigating a patchwork of national legislation and court decisions when dealing with international copyright projects. While it appears to be easier to waive moral rights in common law countries, the continental European tradition is more focused on protecting the author’s personality rights, which encompass moral rights.

Moral Rights 85

Moral Rights Licensing Personality Rights Contracts 85

SpicyIP

MAY 3, 2023

are typically objected to on the grounds of personality rights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation. Such treatment usually amounts to violations of the moral rights of the author.

Moral Rights 114

Moral Rights Personality Rights Copyright Privacy 114

IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Current State of the Law on Tattoo Designs.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

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 95

Intellectual Property Privacy Branding Brands 95

Intepat

MAY 16, 2023

This brings us to the question of whether the usage of such photographs is lawful or not, regardless of the person being a celebrity. Recently, Amitabh Bachchan’s voice and his image had been used by various persons for commercial purposes without his consent. What are Publicity Rights? Under this Act, Sec.

Branding 98

Branding Brands Branding Personality Rights 98

SpicyIP

AUGUST 22, 2021

PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. The post covers the prevailing precedents on the matter. News from India. You can read our posts on the report here , here , here , here and here.

Personality Rights 119

Personality Rights Reporting Social Media Branding 119

IIPRD

AUGUST 11, 2023

However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use. Image Sources: Shutterstock] ‘Donjishi’ is another form of copyright infringement of a manga creator. For content piracy, Takeshobo Inc.,

Art 52

Art IP Intellectual Property Copyright 52

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. However, image rights in Kenya lean more towards a human rights protection regime as opposed to IP law/framework.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

SpicyIP

SEPTEMBER 25, 2023

SpicyIP Tidbit: Acquiesce, Copyright Infringement, and Pending Suits in Trial Courts: Highlighting SC’s Recent Remarks The Supreme Court while dealing with passing off and acquiescence in a copyright matter, urged the members of the Bar to cooperate with trial courts which are struggling with a huge pile of pending cases.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

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 61

Personality Rights Privacy Social Media Intellectual Property 61

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

SpicyIP

MAY 3, 2023

See here for how Van Gogh’s legacy was built and preserved by the efforts of his sister-in-law Johanna Van Gogh-Bonger. Starry Night by Vincent Van Gogh. Image from here. This guest post has been authored by Karishma Karthik. Karishma is an associate at Shardul Amarchand Mangaldas, Mumbai.

Moral Rights 105

Moral Rights Intellectual Property Settlement Copyright 105

The IPKat

DECEMBER 17, 2021

The first 2 posts covered copyright and trade marks. From the working draft, the upcoming statute recognises the shortcomings of the current statute and will present a copyright statute that is fit for the digital age. May in Nigeria was also about plant breeders’ rights.

IP 92

IP Patent Intellectual Property Inventor 92

Canadian Intellectual Property Blog

JUNE 10, 2020

The rights in these photographs are typically subject to the licensing schemes of the various social media platforms to which they are posted. This is because the authors of these works, the photographers, own copyright in the images they create. The invasion must be highly offensive to a reasonable person (i.e., 1894 (ONCA)).

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Kluwer Copyright Blog

APRIL 29, 2024

For more than seven decades, international law has consistently led countries to embrace culture as a global and cross-border value for humanity. The human right to cultural participation has become a pillar of protecting and empowering individuals and communities.

Public Domain 130

Public Domain Artwork Copyright Marketing 130

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

Trademark 40

Trademark Advertising Advertising Copyright 40

The IPKat

NOVEMBER 26, 2022

In Glawischnig-Piesczek CJEU held that, in accordance with national law, a court in a Member State could also issue injunctions with extra-territorial, if not global, effect. What to make of all this CJEU case law then? Nevertheless, EU law does not prohibit Member States to consent this result either.

Law 142

Law Privacy IP Personality Rights 142

SpicyIP

JULY 27, 2023

Devangini is a graduate of the University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. Arguments and Decision The plaintiff argued that the defendant has violated the late actor’s privacy and personality rights by its unauthorised use. [ This guest post is authored by Devangini Rai.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

SpicyIP

JULY 19, 2021

Adyasha notes that while the Copyright Act deems the producer of a film as its author, that doesn’t imply that author and copyright owner would necessarily remain the same perpetually. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The Indian Performing Right Society Limited (IPRS) v. Both suits were filed before the 2012 amendment to the Copyright Act.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

JULY 13, 2021

student at the NALSAR University of Law, Hyderabad. Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. I shall specifically be dealing with the contention around publicity rights. This would imply a similar descendibility of celebrity rights.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.

Registration 52

Registration Trademark Copyright Registering Trademarks 52