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

Recipes Aren’t Copyrightable, No Matter How “Exciting” They Are–Coscarelli v. Esquared

Technology & Marketing Law Blog

Her inability to control social media accounts referencing her reminded me of the Hayley Paige Gutman litigation , and I will say more about this issue when I blog the JW Dant bourbon case. If you’re selling your personality rights, make sure you understand the implications!!! Case citation : Coscarelli v.

Copyright 140
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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

SpicyIP

(CNR Number: KLTV010019372021) The reason for filing the suit was that certain unknown people had posted without authorisation original sound recordings created by Vempati Ravi Shankar (the plaintiff’s late husband) on the defendant’s social media platforms – Facebook and Instagram. A celebrity’s name, photos, music, etc.

article thumbnail

Moment Marketing and its legal implications

Selvam & Selvam Blog

The power of the internet, in particular that of social media is humungous. When used strategically, social media becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common. Personality Rights.

article thumbnail

SpicyIP Weekly Review (August 16 – 22)

SpicyIP

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. and held that Google Inc.

article thumbnail

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

SpicyIP

From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personality rights : Since Shouvik’s 2010 post about Amitabh Bachhan’s concern over the use of his voice to sell Gutka (an addictive substance), we have come to a long way! Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

article thumbnail

What Do You “Meme” That’s Copyrightable?

IPilogue

In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. This may become tricky in the context of social media, as memes only become popular by copying and reposting. Copyrighting a Meme. Artistic Work. Is Infringement Even Possible Then? According to s.3(1)