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. Such treatment usually amounts to violations of the moral rights of the author.

article thumbnail

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

SpicyIP

Views expressed here are those of the author’s] As previously discussed in Part I , Indian courts appear to employ a combination of the subjective and objective tests in determining a violation of the integrity right. Can legal representatives substitute their own judgement in the vindication of the author’s moral right?

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

Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights

SpicyIP

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. Image from here.

article thumbnail

Personality Rights In India : A Statutory And Judicial Analysis

IP and Legal Filings

Introduction Personality rights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. Celebrities value these rights since their names, images, or even voices may be inappropriately used in commercials by various businesses to increase sales. Puttaswamy v.

article thumbnail

Personality Rights : Through The Glasses Of IPR

IP and Legal Filings

Every day we come across many such influencers and celebrities endorsing products wherein the personality of an individual is traded either by validation or without. Living in an era where influential personalities are reverenced, fortifying Personality Rights from any such misuse is a must. PERSONALITY RIGHT.

article thumbnail

Can authors waive their right of attribution?

The IPKat

Economic rights have been harmonised throughout the EU to a significant extent. Moral rights, however, have not (yet). This means navigating a patchwork of national legislation and court decisions when dealing with international copyright projects. They may not be contrary to accepted principles of morality ( Sec.

article thumbnail

[Guest post] Anderson.Paak got a new tattoo- and we might have an idea why

The IPKat

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. I have the pleasure of hosting the following guest contribution by Despoina Dimitrakopoulou and Simon J. advance (IP) directive.