article thumbnail

Unreasoned Orders for Personality Rights

IP and Legal Filings

However, even in areas of the law that are not fully developed, it is crucial to indicate the legal basis for an order, even if briefly, as this requirement should not be sacrificed for the sake of judicial expediency. For example, can personality rights be viewed as an extension of the right to privacy?

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.

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

Fundamental Right to Privacy

IP and Legal Filings

Introduction Although there isn’t a clear legal definition of “privacy,” some legal experts define it as a human right that each and every person has simply by virtue of their existence. The right to privacy must, in other words, be evaluated case-by-case. In the 1962 Kharak Singh v.

Privacy 90
article thumbnail

Media Laws, Rights & Privacy Of Celebrities

IP and Legal Filings

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 76
article thumbnail

A blow to image rights?: the Supreme Court rules on the protection of the personality rights of deceased celebrities

Garrigues Blog

The Supreme Court has again ruled on the protection of the personality rights of deceased celebrities. Analyzed in conjunction with the previous Dalí judgment, this new ruling may introduce some uncertainty as to the post mortem scope of protection of such rights. The Supreme Court’s opinion.

article thumbnail

Commercializing the Personalities of the Dead: The Dangers of the Posthumous Market

IPilogue

Junghi Woo is a former IPilogue Content Manager, an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. In fact, there exist several legal implications within Intellectual Property law (“IP”), such as the common law principle of personality rights. Such technology is not novel.

Marketing 105
article thumbnail

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

SpicyIP

Right of Publicity: Post Mortem? . India does not have codified law for publicity rights and the precedents are the only way to understand its origin, nature and scope. For establishing infringement of the right of publicity, certain requirements need to be fulfilled which have been given in Titan Industries v.