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.

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.

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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.

PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes

SpicyIP

Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. The Right of Publicity. The right was tested in Shivaji Rao Gaikwad v.

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

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.

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.

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.

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.

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.

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.

[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.

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.

IP 75

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.