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

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

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

SpicyIP

In addition to copyright infringement, the plaintiff also claimed violation of moral rights and infringement of posthumous celebrity rights. In this post, I will explore the different considerations that the court might look into in reaching its decision about the above rights. The Right to Integrity.

article thumbnail

Anil Kapoor Vs Simply Life India & Ors: An Unwavering Assurance In Safeguarding Personality Rights Against Ai

IP and Legal Filings

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.

article thumbnail

Book Review: Overlapping Intellectual Property Rights (Second Edition)

The IPKat

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).

article thumbnail

No Injunction on the Film ‘Nyay: The Justice’: Is It Really Just?

SpicyIP

Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. The plaintiff censured the defendants for violating privacy, right to publicity, free and fair trial, also invoking the Ashok Kumar jurisdiction of the court. Brief facts. Court’s reasoning.

Privacy 105