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.” Personality rights , naturally.

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.

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Announcing the Winners of the 2nd Shamnad Basheer Essay Competition on IP Law!

SpicyIP

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. A photograph of Prof. (Dr.) Shamnad Basheer.

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

IPilogue

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.

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

SpicyIP

A copyright holder has the exclusive right to communicate his work to the public and as the plaintiff’s sound recordings were used without authorisation, copyright infringement could be easily proved. The Right to Integrity. So, violation of the right to paternity cannot be claimed.

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

SpicyIP

When the right to publicity was first articulated by the Indian courts, little did they know of the complexity such matters would lead to. Plaintiffs have been headlong in filing claims to protect the publicity rights of their deceased progenitors.

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

March Gladness – New KY Law Allows College Athletes to Profit from Use of Name, Image, and Likeness

McBayer IP Blog

More > Tags: college athletes , collegiate athletics , Intellectual Property , Name, Image, and Likeness , NCAA , personality rights

Moment Marketing and its legal implications

Selvam & Selvam Blog

While such acts were prevalent for some time now, they did not necessarily infringe the rights of any party involved in it. Unfortunately, in India, there is no specific legislation which protects the intellectual property rights of celebrities. Personality Rights. Also referred to as publicity rights, it is defined as the right of a person to his/her own personality and provides for the right to control commercial use of one’s human identity.

SpicyIP Weekly Review (August 16 – 22)

SpicyIP

In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes.

Fantasy Sports and Trademarks

Selvam & Selvam Blog

With the rapid emergence of technology, fantasy games can be accessed on a variety of platforms or personal devices. 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.

Life, Liberty, Happiness, and…Personality? What to Know about Your Publicity Rights

McBayer IP Blog

Rights of publicity vary state by state, and as a result, these rights are complicated and little-understood. These two very different instances illustrate two sides of the multi-faceted issue of rights of publicity.

A Look Back at India’s Top IP Developments of 2021

SpicyIP

In reading the term ‘export’ to include ‘use’, the Court expands the ambit of rights accorded to a patentee under section 48. The Indian Performing Right Society Limited (IPRS) v. Previously , the right had been discussed in the context of individual’s names appearing in judgments.

Name, Image, Likeness (“NIL”) or the Right of Publicity: Considerations for University Athletes

LexBlog IP

Name, Image, Likeness (“NIL”) or Right of Publicity. When it comes to your name, image, and likeness (“NIL”), which establishes the right of publicity, as an athlete there are a number of things you need to consider. Personal Branding.

Pride Month: Celebrating an LGBTQIA+ Leader in Data Collection and Advocacy

U.S. Department of Commerce

Lesbian, gay, bisexual, transgender, queer, intersex, and asexual (LGBTQIA+) Pride month is an opportunity to celebrate the strides made in the struggle for the human rights of LGBTQIA+ people, but also to acknowledge the challenges that remain.

If a Lawyer Accepts a TOS While Investigating a Claim, Does It Bind the Client to Arbitration?

Technology & Marketing Law Blog

This is a putative class action lawsuit against a people search company for allegedly misusing publicity and personality rights by displaying images contained in yearbooks. Licensing/Contracts Publicity/Privacy Rights

SpicyIP Weekly Review (July 12 – 18)

SpicyIP

In the event of assignment of rights, any person wishing to legally record a film would have to additionally obtain written permission from the author aside from the permissions already needed from the present copyright owner. Topical Highlight.

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

Technology & Marketing Law Blog

If you’re selling your personality rights, make sure you understand the implications!!! This case involves vegan chef Chloe Coscarelli , the first vegan to win Food Network’s Cupcake Wars.

Fonts & Typefaces: Are they Copyrightable? 

SpicyIP

argue that any right or subject matter not specifically enumerated under the Copyright Act is beyond the purview of copyright protection in India. Image depicting a notepad on a wooden table with colour pencils surounding it. The words, ‘What’s all the fuss about fonts?”

What Do You “Meme” That’s Copyrightable?

IPilogue

Although the term “ author ” is not defined in the federal statute , the first owner of copyright is presumed to be the person who creates the work. While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. Shayna Jan is a 3L J.D. Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program.

[Guest post] Anderson.Paak got a new tattoo- and we might have an idea why

The IPKat

Fritsch, both talented and enthusiastic former students of mine, which - while reviewing Anderson.Paak 's latest tattoo - discusses post-mortem moral rights protection and the value of a tattoo as an. Anderson.Paak copyright Despoina Dimitrakopoulou moral rights Simon J.

[Guest post] China’s path to regulating facial recognition technology

The IPKat

This could significantly improve judicial practice, as China’s long-awaited and first comprehensive “Personal Information Protection Law" (PIPL) has not yet come into force.

Traditional Tattoos on the Red Carpet: Continuing the Conversation of Collective Ownership

IPilogue

too, represent overcoming generational and personal traumas. In a 1999 working paper , a proposed solution was to identify a community Elder who recorded the knowledge to prove the source of ownership and then assign the intellectual property right in the name of the community.

Unauthorized Photographs: The Rights Of The People We Capture

Canadian Intellectual Property Blog

The rights in these photographs are typically subject to the licensing schemes of the various social media platforms to which they are posted. That said, the law is less clear as to the particular rights of private citizens who are the subject of an image to which they did not consent.

Africa IP Highlights #3: Patents and reforms in IP policy, legislation and administration

The IPKat

The Commissioner of Patents, dismissed the appellants’ action and upheld the respondents’ counterclaim, finding that each of the claims of the patent were obvious to the person skilled in the art of the patent at the priority date. May in Nigeria was also about plant breeders’ rights.

After Michael Jordan: a new typical case on what is the right of likeness under the Civil Code of China

The IPKat

Regarding the monochrome red-coloured silhouette of, let’s say, an unspecified person, this Kat commented as follows: Iconic scene of 2017 China IP Without seeing the Gif file, will you still believe that the figure is Michael Jordan?