The Delhi High Court granted Telugu actor Manchu Vishnu an interim injunction, barring content creators from unauthorized use of his name, image, and voice. The Court ordered the removal of defamatory content and directed YouTube to identify infringing accounts. Continue Reading Telugu Actor Manchu Vishnu gets a John Doe Order to prevent misuse of his Name, voice and Likeness
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Meghan Markle Sues Newspaper
American actress and now Duchess of Sussex Meghan Markle, has initiated legal proceedings against the publisher of the UK daily newspaper the Mail on Sunday and its…
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Chhichhore Leaked on Tamilrockers
The notorious website, Tamilrockers, known…
This post was first published on 26th June, 2014.
Justification for Publicity Rights is based on the Lockean Labor Theory, which essentially says that the fruits of one’s labor are one’s own. Therefore, Publicity Rights permit the exploitation of one’s persona by oneself. Unauthorized use of a person’s identity, including the person’s name, voice, image and likeness for commercial gain may give rise to a successful cause of action against the infringing party.
Since Publicity Rights are one of the two parts…
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…
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…
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…
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.…
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…