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Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part II

SpicyIP

Considering the Copyright Act, 1957 entitles even the legal representatives of a deceased author to exercise the integrity right, it is then interesting to consider how such claims would play out in the absence of explicit instructions from the deceased author on exercising this right.

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I See Dead People…Filing Lawsuits In New York

The IP Law Blog

The statute has a specific prohibition against the unauthorized use of a deceased performer’s “digital replica” and also specifically prohibits unauthorized pornographic deep fakes of both performers and personalities. The postmortem right attached to a “performer” does not expire.

Privacy 85
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Defamation in the Indian Media and Entertainment Industry

IP and Legal Filings

Through these platforms, individuals can access content that was previously inaccessible and engage in discussions on topics that were once considered sensitive or controversial. INTRODUCTION The entertainment and media sector is experiencing a continuous and increasing influence on social media with each passing day.

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Smells Like Copyright Infringement

IPilogue

As part of the course requirements, students were asked to write a blog on a topic of their choice. Not only is her now deceased grandfather unable to testify, but the defendants have found ample evidence to disprove ownership. Background. In 1949, C.W. Scott-Giles created an illustration called Upper Hell. It was published in the U.K.

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Patent – a shield for modern biotechnology

Biswajit Sarkar Copyright Blog

The topic of interest is related to both the cellular and molecular aspects of biological objects. Apart from the first inventor, an assignee of the inventor and the legal representative of the deceased inventor can also apply for patents in accordance with Indian Patent Act sec 2(1)ab and sec2(1)k. Who can provide for patent rights?

Patent 92
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SpicyIP Weekly Review (June 28 – July 4)

SpicyIP

Topical Highlight. The Delhi High Court refused to stay the release of the film, “Nyay: The Justice”, based on the life of deceased Bollywood actor Sushant Singh Rajput, noting that certain celebrity rights were protected as IPRs, and were assignable and licensable. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes.

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SpicyIP Weekly Review (July 12 – 18)

SpicyIP

Topical Highlight. Nishtha emphasises that in determining whether the deceased possessed personality rights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights. The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary.