McBayer IP Blog

MARCH 24, 2022

Posted In collegiate athletics , Intellectual Property , Name, Image, and Likeness On March 9 th , Governor Beshear, surrounded by Kentucky college coaches, put his signature on a new law that will allow college athletes to profit from the use of their name, image, and likeness, an opportunity formerly blocked by the NCAA.

Intellectual Property 96

Intellectual Property Law Personality Rights 96

Intepat

DECEMBER 26, 2023

In the contemporary era, AI plays a significant role in Intellectual Property Rights, becoming increasingly integral during a period where numerous tasks are executed by artificial intelligence. Consequently, it is imperative to recognize that the use of AI itself has become a component of Intellectual Property.

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

IPilogue

JUNE 3, 2022

In fact, there exist several legal implications within Intellectual Property law (“IP”), such as the common law principle of personality rights. A personality right is a proprietary right to recreate one’s self-identity using a person’s name, likeness, image and personality.

Marketing 105

Marketing Marketing Personality Rights Intellectual Property Law 105

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Therefore, the need to safeguard one’s name becomes apparent, and Intellectual Property Rights offer a means to address this concern. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws. Going Forward.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

Selvam & Selvam Blog

APRIL 5, 2022

Unfortunately, in India, there is no specific legislation which protects the intellectual property rights of celebrities. Personality Rights. With specific reference to India, personality rights are considered a part of the right to privacy guaranteed under Article 21 of the Indian Constitution.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

McBayer IP Blog

AUGUST 17, 2021

Posted In Intellectual Property , Name, Image, and Likeness , Publicity Rights Believe it or not, there are no federal statutes or case laws protecting your exclusive right to the use of your name, image, and likeness (NIL) or any other defining factor of your identity, such as your voice or signature.

Television 52

Television Personality Rights Intellectual Property Privacy 52

IP and Legal Filings

APRIL 8, 2023

These agreements include the following: ● Artist agreement – When an artist does business with a company, an agreement is made between the parties because art is inherently subject to many Intellectual Property issues.

Privacy 76

Privacy Law Intellectual Property Music 76

IP and Legal Filings

NOVEMBER 23, 2023

[i] In principle, the Delhi High Court has recognized publicity rights in the case of ICC Development (International) Ltd v Arvee Enterprises (2003). [ii] ii] It was the first given judgment dealing with publicity rights. Publicity rights have attracted considerable recognition in the field of intellectual property rights.

Intellectual Property 98

Intellectual Property Privacy Branding Brands 98

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights? However, Indian law has indirect references for the protection of publicity rights.

Branding 98

Branding Brands Branding Personality Rights 98

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. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

IP and Legal Filings

FEBRUARY 23, 2023

Introduction The rights which are granted to the people for their creative work are known as intellectual property rights. They provide the creator a sole, time-limited right to make use of their invention. IP can be acquired, inherited, traded, or purchased.

Intellectual Property 84

Intellectual Property Confidentiality Litigation IP 84

SpicyIP

AUGUST 22, 2021

In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. It is noted that the test for identifying infringement of personality rights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion.

Personality Rights 119

Personality Rights Reporting Social Media Branding 119

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.

Law 137

Law IP Editing Intellectual Property 137

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. million JPY ($13,500 USD).

Art 52

Art IP Intellectual Property Copyright 52

IPilogue

DECEMBER 9, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. The etymology of the word may make sense, but can the same image be copied over and over without intellectual property repercussions? Shayna Jan is a 3L J.D. According to s.3(1)

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

SpicyIP

MAY 3, 2023

Considering that most intellectual property disputes are resolved by way of settlement, legal representatives motivated by economic incentives may also chose to aggressively pursue violations in the hopes of monetary settlements that enhance the receivables from the work.

Moral Rights 105

Moral Rights Intellectual Property Settlement Copyright 105

The IPKat

DECEMBER 17, 2021

It’s now wait-and-see how it pans out… In February , Namibian Business and Intellectual Property Authority (BIPA) advised that they are in the process of finalizing a new legal framework for copyright protection in Namibia, which would see the repeal of the Copyright and Neighbouring Rights Act 6 of 1994.

IP 92

IP Patent Intellectual Property Inventor 92

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The analysis is offered from the US, the UK, and the EU perspectives.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

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 63

Personality Rights Privacy Social Media Intellectual Property 63

The IPKat

JANUARY 11, 2024

L45-2 of the French Postal and Electronic Communications Code , the registration or renewal of domain names may be refused or the domain name revoked when such domain name is likely to infringe intellectual property or personality rights, unless the applicant demonstrates a legitimate interest and acts in good faith.

Registration 62

Registration Art Personality Rights Intellectual Property 62

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

LexBlog IP

JUNE 13, 2023

Interestingly, by applying the Cultural Heritage Code, the Court of Florence also recognized personality rights – more specifically, image rights – to the work of art by Michelangelo and to works of art in general, which Italian museums would be entitled to enforce for the cultural property they have on consignment.

Art 52

Art Personality Rights Advertising Advertising 52

SpicyIP

JANUARY 2, 2022

The petitioner contented that Jayalalithaa’s personality rights and her family’s privacy rights should be protected and that the productions may be incorrect and misleading. Intellectual Property Appellate Board abolished through the Tribunals Reform Act, 2021. Top 10 Other IP Developments.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

JULY 19, 2021

She highlights that the Court refused to afford post mortem protection to personality rights of the actor. Nishtha emphasises that in determining whether the deceased possessed personality rights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Kluwer Copyright Blog

APRIL 29, 2024

The judicial reasonings ignored copyright legal provisions, applying cultural heritage law and taking a long-arm approach to cherry-picked legal norms (such as personality rights) to give significant leeway to the Italian government and cultural institutions to decide whether and to what extent reproductions of cultural heritage can be used freely.

Public Domain 130

Public Domain Artwork Copyright Marketing 130

SpicyIP

NOVEMBER 19, 2023

Other Posts Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship on November 22 and 23.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

Selvam & Selvam Blog

MARCH 28, 2022

Professional sports is a multi-billion dollar industry where athletes are beginning to find ways to leverage and add value to their own personal brands. In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’.

Trademark 52

Trademark Personality Rights Privacy Licensing 52

SpicyIP

JULY 13, 2021

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. Thereby the court is acknowledging the enigmatic nature of this right- as both property and moral right.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

LexBlog IP

MAY 2, 2022

Personal Branding. What is Right of Publicity? Who is affected by the Right of Publicity? Personal Rights vs. Property Rights. The implications of the Right of Publicity. Personal Rights vs. Property Rights.   Table of Content.

Branding 52

Branding Brands Branding Personality Rights 52

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

Kluwer Copyright Blog

AUGUST 7, 2023

5] Conversely, the Brazilian system is primarily rooted in personality rights, particularly human dignity as a constitutional basis to the Brazilian constitutional order, which is expressed by four different fundamental rights: (i) freedom, (ii) equality, (iii) physical and psychological integrity, and (iv) dignity stricto sensu. [6]

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

SpicyIP

OCTOBER 1, 2023

In a “Jhakaas” (a slang for fantastic) news for the actor Anil Kapoor, Delhi High Court granted the actor an interim injunction against use/ misuse of his personality rights. Image from here Image Rights Alright—But Can They Trump Established Rights and Doctrines? Simply none. Anil Kapoor one being the latest.

Personality Rights 111

Personality Rights Non-Fungible Tokens Copyright Social Media 111

IP and Legal Filings

DECEMBER 6, 2023

Author: Sonakshi Pandey, A Student at Symbiosis Law School in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing References Image Rights of Famous Persons Vis-à-Vis Right to Privacy : an Analysis under the Intellectual Property Laws in India and other Countries, 5.1

Privacy 98

Privacy Intellectual Property Law Intellectual Property Advertising 98

SpicyIP

OCTOBER 2, 2023

Image Rights Alright—But Can They Trump Established Rights and Doctrines? Image from here The Delhi High Court’s recent interim injunction concerning Anil Kapoor’s personality rights throws up an important question- should such orders protecting personality rights overlook the established principles and doctrines?

Licensing 59

Licensing Trademark Intellectual Property Copyright 59