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Publicity Rights

BananaIP Counsels > Publicity Rights

Weekly Copyright News: Cinematograph Act Amendment, Facebook to Make Political Ads Transparent, No Removal of Explicit Streaming Content, EU Agrees on Copyrights, Fiji Counter-sues, and more

Cabinet Approves Cinematograph Amendment to Curb Piracy, Delhi HC Dismisses Plea Seeking Removal of Explicit Streaming Content, Facebook to Increase Transparency of Political Ads, Jeff Bezos Accuses National Enquirer of ‘Extortion and Blackmail’, EU Negotiates Agreement on Copyright Rules, ‘GTA V’ Cheats Cost Creator USD 150,000 in Damages, Fiji Water Counter-sues Viral Fiji Water Girl, PV Sindhu Signs Lucrative 50 Crore Deal with Chinese Sports Brand, McFarlane Toys Inks Deal for DC Superhero Toys, Kiss and Emoji Collaborate, BMG to License Music through SESAC in India, Copyright Tip of the Week, and more. Copyright Quote When you have wit of your own, it's a pleasure to credit other people for theirs. - Criss...

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Weekly Copyright News: Facebook to Share Chats with Police, Artist Sues Ariana Grande, ‘Fiji Water Girl’ Suit, and more

Facebook to Provide User Chat Details for Sensitive Cases to Delhi Police, MEITy Invites Counter Comments on Draft Intermediary Rules, Vegas Artist Sues Ariana Grande for Using Art in Music Video, Creators of Netflix’s ‘Wild Wild Country’ Sued for Copyright Infringement, ‘Fiji Water Girl’ Sues Fiji Water for Unauthorised Use of Images, Spotify in Talks to Acquire Gimlet, TikTok and Sony Collaborate to Promote Thriller ‘Escape Room’ Copyright Quote The Copyright Bargain is a balance between protection for the artist and rights for the consumer. Robin Gross Copyright Statistics There is an increase of 14% in the total number of copyright applications filed last week as compared to the previous week....

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Weekly Copyright News: No Unauthorised Use of TOI and ET Content, Gigi Hadid Sued, Vice Partners with Hulu, and more

Copyright Quote “The beauty of Copyright law is it protects you and it provides you the opportunity to honour others” Peter Smith Copyright Statistics There is an increase of 10% in the total number of copyright applications filed last week as compared to the previous week. A total of 386 applications were filed for copyright registration during the last week. The majority of applications were filed for literary works and artistic works. S. No Type of Work Number of Applications filed in the Previous Week (14th January, 2019 to 20th       January, 2019) Number of Applications filed in the Recent Week (21st January, 2019 to 27th       January, 2019) Change Percentage Change 1. Literary...

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Weekly Copyright News: Boney Kapoor’s Notice to ‘Sridevi Bungalow’, ‘Uri’ Makers Prevent Piracy, Netflix Sued, and more

Weekly Copyright News Updates - Intellepedia

Boney Kapoor Sends Legal Notice to Makers of ‘Sridevi Bungalow’, ‘Uri’ Makers Take Stringent Measures to Prevent Piracy, Copyright Office Invites Applications for Examiners on Contract Basis, YouTube Removes BTS and TWICE Videos over Copyright Claims, MTI Awarded Damages in Copyright Infringement Case, Publisher Sues Netflix for Infringement, WB Sues Harry Potter-themed Cafe for Copyright Infringement, Forza Horizon 4 Removes Dance Emotes, Spotify Partners With T-Series Ahead of India Launch, KodakOne Blockchain Beta Generates USD 1 Million in Licensing Claims Copyright Quote “The beauty of Copyright law is it protects you and it provides you the opportunity to honour others” Peter Smith Copyright Statistics There is an increase of 13% in the total...

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Weekly Copyright News: Publication of Bare Acts Not Infringement, Cinematograph Act Amendments, No Copyright For Taste, and More

Weekly Copyright News Updates - Intellepedia

Copyright Quote “Is settling with the pirate a new option to manage/control large-scale copyright infringement? Isn’t joining hands with pirates the wrong precedent?” Dr. Kalyan C Kankanala Copyright Statistics There is a decrease of 62% in the total number of copyright applications filed last week as compared to the previous week. A total of 146 applications were filed for copyright registration during the last week. The majority of applications were filed for literary works and artistic works. S. No Type of Work Number of Applications filed in the Previous Week (29th October 2018 to 04th November, 2018) Number of Applications filed in the Recent Week (05th  November  2018 to 11th November,...

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ARE KAJAL AGRAWAL’S PUBLICITY RIGHTS SUBSERVIENT TO COPYRIGHTS?

Image features VVD Oil's advertisement. click on the image to read the full article

On 25th June, 2018, the Madras High Court (Division Bench) delivered a judgment   in the case between Kajal Agrawal ("Kajal") and VVD and Sons ("VVD"). After analyzing an unsigned agreement between the parties in association with provisions of the Copyright Act, the Court effectively held that VVD is the owner of the copyright in the 'coconut oil' endorsement video of Kajal, and that it has the right to communicate the endorsement video to the public during the term of copyright without any restrictions. In other words, the Court stated that Kajal does not have any control of her endorsement video...

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Entertainment Law: Even death won’t do us apart

There are celebrities, and then there are icons. And one name that probably tops the list of icons is Marilyn Monroe. The blonde actress never ceased to be out of the headlines when she was alive, and even when she is no more, her estate is fighting tooth and nail to keep her memory alive. However, the route taken to do so is not particularly agreeable, to say the least. Monroe’s estate has been fiercely litigious and has gained notoriety for suing anyone who is looking to capitalize on her fame. It should therefore come as no surprise that Monroe has...

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Voices and Celebrity Rights – Furlenco, Amitabh, Arvind, and Arnab

Furlenco is a business that rents furniture, beds, etc. Their website claims quick setup, free home delivery, and affordable furniture. The business has been advertising extensively on radio and other forums. On hearing the advertisement, you cannot help, but associate the voices that form part of the advertisements with personalities like Arvind Kejriwal, Chief Minister of Delhi, Arnab Goswami , renowned news reporter, and Amitabh Bachchan, a leading film star. There is no doubt that these personalities are celebrities in India, and hold celebrity or publicity rights. Now, the question is whether the use of likeness to their voices amounts to...

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Entertainment Law: King of Kollywood moves Courts for enforcing his Publicity Rights

This Image depicts the still of Superstar Rajnikanth form the Movie 'Shivaji'. This Image is relevant as it deals with the Enforcement of Public Rights by Rajnikanth. Click on this Image for more Information.

The King of the Tamil film industry, Shivaji Rao Gaikwad, popularly known as Rajinikanth has moved the Madras High Court for enforcing his Publicity Rights. The suit was filed in order to stop the release and screening of the unauthorised Hindi biopic, ‘Main Hoon Rajinikanth’. The actor has alleged that Mumbai-based producer of the film has not only used his persona without obtaining permission but also portrayed him in negative light.

The motion for interim application was heard by the Madras High Court on September 17, 2014 where Justice S Tamilvanan, granting the Order for Restraining the release of the film added that, “[t]he person in the caricature is in the same style of popular actor Rajinikanth, and the wordings available therein would show that the person is a CBI officer, stupid, part-time social worker, part-time contract killer etc. and describing the person as a womaniser.”

Intellectual Property: Publicity Rights in India (Part I)

The image depicts Judy Garland.

The right of publicity refers to the right to prevent unauthorized commercial use of a person's persona. A person's persona includes his name, photograph, signature, voice or any other identity.   Publicity rights vest only in a celebrity or public figure. In other words, a person must be recognized by the public in order to possess the right of publicity.  The public must identify or associate an identity to a person. If such an association cannot be established, the right of publicity does not come into existence. Use of a person's persona for commercial gain in an unauthorized manner amounts to violation...

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