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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.

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Your Face, is My Case: Personality Rights

LexBlog IP

Jokes aside, the title of today’s post is “Your Face, is My Case,” because we’re talking about likeness and image rights, sometimes collectively referred to as “personality rights.” Student athletes are allowed to fully control their personality rights and make money licensing them.

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Can authors waive their right of attribution?

The IPKat

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. The right of attribution is particularly important for photographers and their licensees.

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SpicyIP Tidbit: Union Minister of State for Commerce and Industry clarifies Current IPR Regime Sufficient for AI Works Protection

SpicyIP

It’s also important to note that past rulings by the Calcutta High Court and Delhi High Court have found websites/platforms streaming copyrighted songs for profit not to be covered under Section 52(1)(a)(i) of the Act so as to protect individual personality rights.

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Journey Through “Novembers” on SpicyIP (2005 – Present)

SpicyIP

Notably, Monsanto’s matter had several layers including the State Governments seeking to regulate IP licensing fees, and the Indian seed companies who previously licensed technology from Monsanto, refusing to pay royalties to Monsanto. Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

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Get real: India counsel seek clarity on fantasy gaming IP

Managing IP

Sources believe that licensing of IP and personality rights may be beneficial, but judicial and legislative solutions are needed in the longer run

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SpicyIP Weekly Review (July 10 – July 16)

SpicyIP

We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personality rights. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. Her area of interest lies in IP and corporate law.