JD Supra Law

JULY 25, 2023

There has been immense activity surrounding the jurisprudence of celebrity rights in India with numerous judicial pronouncements in recent years. By: International Lawyers Network

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Personality Rights 52

Garrigues Blog

JULY 11, 2022

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. La entrada A blow to image rights?: Ricardo López Alzaga.

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Personality Rights Cease and Desist Social Media Advertising 52

IAM Magazine

DECEMBER 14, 2022

Using company designations in customer reference lists without explicit authorisation is grounds for infringement, Munich’s regional court has held. However, this ruling does not guarantee that further reimbursement will be granted.

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IAM Magazine

DECEMBER 14, 2022

Using company designations in customer reference lists without explicit authorisation is grounds for infringement, Munich’s regional court has held. However, this ruling does not guarantee that further reimbursement will be granted.

Personality Rights 52

Personality Rights Designs Design 52

IPilogue

JUNE 3, 2022

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.

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JD Supra Law

APRIL 10, 2023

In the Civil Code of the People's Republic of China, which came into effect as of January 1, 2021, “personality rights” has become a major highlight for its independent codification. As a result, the protection of human dignity and personality rights has been further strengthened.

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SpicyIP

JULY 9, 2021

This question is quite relevant in the context of posthumous application of publicity rights. But if it’s a personal right, then it obviously ceases with the individual’s demise. In DM Entertainment , Daler Mehndi had assigned all his rights and interests in his personality to the entity, DM Entertainment.

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McBayer IP Blog

MARCH 24, 2022

More > Tags: college athletes , collegiate athletics , Intellectual Property , Name, Image, and Likeness , NCAA , personality rights. This new law opens up many doors for college athletes to benefit from their most closely held intellectual property—themselves.

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SpicyIP

DECEMBER 20, 2023

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.

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Personality Rights IP Licensing Copyright 59

IP and Legal Filings

FEBRUARY 20, 2024

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.

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Personality Rights Privacy Social Media Intellectual Property 63

IP and Legal Filings

JANUARY 31, 2024

In such a situation, public disclosure of even true private facts may amount to an invasion of the right of privacy which may sometimes lead to the clash of one persons “right to be let alone” with another persons right to be informed.28.

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Privacy Personality Rights Confidentiality Law 90

SpicyIP

JULY 17, 2023

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.

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Personality Rights Copyright Patent Copyright Infringement 97

The IPKat

NOVEMBER 6, 2023

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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Managing IP

OCTOBER 27, 2021

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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Selvam & Selvam Blog

NOVEMBER 30, 2022

The suit additionally sought to get a John Doe order for safeguarding the plaintiff’s rights against future instances of infringement.

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Personality Rights Television Registration Technology 52

Kluwer Copyright Blog

JUNE 14, 2023

So, the analogical link to civil personality rights would like to allow the introduction in the Italian legal system of a tort (extra-contractual liability) under article 2043 of the Civil Code for violation of an absolute right of the “person” State. 106), the instrumental use and reproduction (art.

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Public Domain Intellectual Property Art Personality Rights 98

SpicyIP

FEBRUARY 10, 2024

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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Moral Rights Copyright Infringement Related Rights Government 113

Intepat

DECEMBER 26, 2023

Simply Life India and Ors involving Anil Kapoor’s Personality Rights against AI in India, the case centered on the unauthorized use of Anil Kapoor’s character image and voice through AI, resulting in commercial gains for certain users.

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

TorrentFreak

MARCH 20, 2024

Jammable is just one worrying example of AI developers encroaching on the personal rights of music creators for their own financial gain,” Musicians’ Union General Secretary Naomi Pohl says.

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The IPKat

SEPTEMBER 19, 2022

One other thing that was noteworthy from this case was that the University sought the opinion of the Kenya Copyright Board (KECOBO) on the matter and KECOBO issued a Legal Opinion wherein it stated that the University’s actions may have violated the right to human dignity and privacy, data rights, personal rights and proprietary rights.

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Privacy Personality Rights Advertising Advertising 97

SpicyIP

MAY 3, 2023

are typically objected to on the grounds of personality rights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation. Conflicts on unauthorized biopics (for example, Fred Astaire , Gene Kelly , Sushant Singh Rajput ), unreleased works, endorsements, holographic tributes etc.,

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Moral Rights Personality Rights Copyright Privacy 114

Selvam & Selvam Blog

APRIL 5, 2022

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. Indian courts have over time recognized personality rights of celebrities in different judgments.

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Marketing Marketing Social Media Personality Rights 40

SpicyIP

AUGUST 22, 2021

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.

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McBayer IP Blog

AUGUST 17, 2021

Posted In Intellectual Property , Name, Image, and Likeness , Publicity Rights Believe it or not, there are no federal statutes or case laws protecting your exclusive right to the use of your name, image, and likeness (NIL) or any other defining factor of your identity, such as your voice or signature.

Television 52

Television Personality Rights Intellectual Property Privacy 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

These affected rights encompass personality rights, representing a distinctive form of intellectual property that transcends mere financial considerations. Personality rights, being non-inheritable and non-assignable, highlight the personal and non-transferable essence of this form of intellectual property.

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Intellectual Property Registration Trademark Personality Rights 76

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights?

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Branding Brands Branding Personality Rights 98

Technology & Marketing Law Blog

MARCH 23, 2022

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. Judge Chen (of the Northern District of California) answered this question “no”. The Ninth Circuit affirms in a memorandum opinion.

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The IPKat

JANUARY 11, 2024

L45-2 of the French Postal and Electronic Communications Code , the registration or renewal of domain names may be refused or the domain name revoked when such domain name is likely to infringe intellectual property or personality rights, unless the applicant demonstrates a legitimate interest and acts in good faith.

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IIPRD

AUGUST 11, 2023

Donjinshiisa self-published fan bookthatuses the existing manga characters violating the personality rights of the characters as was established in the famous caseof V.T. There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use.

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Art IP Intellectual Property Copyright 52

The IPKat

SEPTEMBER 24, 2023

If someone invades your privacy, you can enforce your personality rights. Everything that is distinct from the person and serves the use of people can be protected ( ABGB § 285 ). If someone competes unfairly with you, there is unfair competition law. If someone causes you other harm, there is tort law.

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SpicyIP

SEPTEMBER 25, 2023

Case Summaries Anil Kapoor vs Simply Life India & Ors on 20 September, 2023 (Delhi High Court) Image from here The Plaintiff sought protection of his personality rights, publicity rights and elements associated with his persona like his name, voice, photographs/ likeness, dialogues, manner of dialogue delivery, gestures, signatures.

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Cease and Desist Copyright Infringement Invention Social Media 105

The IPKat

SEPTEMBER 22, 2023

Part Two: This part is the core of this work as it lays out in chapters 3-9 many of the emerging issues in IP law such as the protection of plant varieties, traditional knowledge, TCEs, GR and GIs, personality rights, among others.

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Technology & Marketing Law Blog

DECEMBER 27, 2021

If you’re selling your personality rights, make sure you understand the implications!!! 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. Case citation : Coscarelli v. Esquared Hosp. ,

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IPilogue

DECEMBER 9, 2021

While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. While one image or video is fixed, collections are constantly changing. Is Infringement Even Possible Then? According to s.3(1)

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LexBlog IP

JUNE 13, 2023

Interestingly, by applying the Cultural Heritage Code, the Court of Florence also recognized personality rights – more specifically, image rights – to the work of art by Michelangelo and to works of art in general, which Italian museums would be entitled to enforce for the cultural property they have on consignment.

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Art Personality Rights Advertising Advertising 52

IPilogue

NOVEMBER 17, 2021

The court ruled that the tattoo artist did in fact own the copyright in his tattoo design; however, he was limited by the personality rights of the person he tattooed. Notably, Belgian copyright law includes a statutory right to privacy , which includes the right to control your image.

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Ownership Intellectual Property Artwork Copyright Law 103

IP and Legal Filings

NOVEMBER 23, 2023

Introduction There is no exact legislation in India concerning regulating the publicity rights of a sports athlete. Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i]

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