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Publicity rights Tag

BananaIP Counsels > Posts tagged "Publicity rights"

CASE Act, Publicity Rights Suit Against Facebook and Reddit, and more

Chhichhore Leaked on Tamilrockers, Netflix Faces Third Suit over Fyre Festival Documentary, German News Publisher Sues Google for Non-Payment, Nintendo Seeking Damages from Infringing Website, CASE Act to Ease Financial Burden of Fighting Copyright Theft, US Court Declares Use of Picasso’s Works Fair Use, USD 10 million Right of Publicity Lawsuit Filed Against Facebook and Reddit, Netflix Partners with Dharmatic Entertainment, Spotify Acquires SoundBetter, Disney to Sell Gaming Division and more.   National News Chhichhore Leaked on Tamilrockers The notorious website, Tamilrockers, known for leaking highly anticipated movies and tv shows, irrespective of their language or genre has added Nitesh Tiwari’s Chhichhore, starring Sushant...

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Personality Rights in India – Part I

This Image depicts the word art of 'Personality'. This Image is relevant as the article deals with the Persoanlity Rights in India. Click on this Image for more Information.

This post was first published on 23rd June, 2014.   Intellectual Property (IP) has been continuously evolving. It is now not restricted to just categories like Patents, Trademark, Designs and Copyrights. Judicial activism has widened the scope of IP to cater to new forms of protection, one such addition is "Personality Rights". Personality Rights are made up of two kinds of rights: the Right to publicity and the Right to privacy. The Right to publicity which is usually attributed to celebrities or famous people is of great importance to the entertainment and media field. Right to Publicity means the right to control commercial exploitation of one's successful personality and prevent...

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India and Right of Publicity

This post was first published on November 13th, 2011.   “Right of Publicity” is a common reference to "Personality rights". It is a right of an individual to control the commercial use of his or her name, image, likeness or identity. It is generally considered a property right as opposed to a personal right. In most of the countries, the Right of Publicity is recognized under statutes. According to John Lock, “the economic value of identity should be allocated to the celebrity individual because the value is primarily the result of the celebrity’s labor”. The unjust enrichment consideration theory treats misappropriation of identity...

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Publicity Rights in India (Part II)

The image depicts a portrait of Jean Simmons.

This post was first published on March 1st, 2012. Some Indian Courts, such as Delhi High Court, have of late been very aggressive in enforcing various IP rights online and in digital media. However, considering the recent development of publicity rights law in India, there has not been an instance of its enforcement online or in computer games. We will, therefore, take a computer game hypothetical to review the applicability of publicity right law. Let us assume that an online cricket game is made in two versions. Version 1 is called world cup, which allows matches between various national teams. It includes...

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Publicity Rights in India (Part I)

The image depicts Judy Garland.

This post was first published on February 28th, 2012. 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...

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Are Kajal Agarwal’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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Censorship, Publicity Rights, Licensing, Merchandizing, Technology, Blockchain, Cases, Copyright Tips and more

The featured image shows a green school board on which the following words appear to be written by chalk. The words read "Copyrights, Media & Entertainment Law news : Weekly updates". To get your weekly updates and news on IP, click here.

Censorship, Publicity Rights, Licensing, Merchandizing, Technology, Blockchain, Cases, Copyright tips and more, presented by the Media & entertainment law attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. Quote of the Week "Every film must be assessed through the eyes of the contemporary, Intelligent, Informed Spectator with a distracted mind, and not the outdated, Innocent, gullible Spectator of the past. The rapid progress of entertainment technology, and the emergence of novel modes and means of content distribution obviates the need for censoring public exhibition of films." - Dr. Kalyan C. Kankanala, Renowned IP Attorney, Author and Professor. Copyright Cases Bhjopuri producer loses Copyright case...

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Hrithik, Beyonce, Infringement, Bombay High Court

The featured image shows a green school board on which the following words appear to be written by chalk. The words read "Copyrights, Media & Entertainment Law news : Weekly updates". To get your weekly updates and news on IP, click here.

  This weekly update on Copyrights, Media and Entertainment Law is brought to you by the Entertainment Law experts of BananaIP (BIP) Counsels. Thought of the Week: “Only one thing is impossible for God: To find any sense in any copyright law on the planet” - Mark Twain Copyright Cases Bhaktivedanta Book Trust (BBT) sues Thomson Press The Bombay High Court has recently granted a stay order in response to an injunction suit brought about by the Bhaktivedanta Book Trust (BBT), against the printing and publishing company - Thomson Press. The Bhaktivedanta Book Trust in its submission to the Court has informed the Court that...

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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

The featured image shows a mic in a sound recording studio. To read more about this, click here. Entertainment Law and Copyrights: Sound Recording, Literary & Musical Works and Right to Royalty – Part 3

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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