PERSONALITY RIGHTS: A NEED FOR LEGISLATION

                                      by, Ankita Aseri INTRODUCTION What are Personality Rights? The term 'personality right' is the right to control and profit from the commercial use of one's name, image, likeness, etc., and it prevents unauthorized appropriation of the... Continue Reading →

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PERFORMERS RIGHTS: AMBIGUITIES IN SECTION 38A

By, Ankita Aseri   INTRODUCTION The Amending Act has given affirmative rights to the performers by omitting Sub-sections 3 & 4 of Section 38 and inserting a new section in compliance with Article 6 to 10 of WPPT. Section 2(qq) of the Act defines “performer” whichincludes an actor, singer, musician, dancer, acrobat or any other... Continue Reading →

PROTECTION OF FICTIONAL CHARACTERS UNDER COPYRIGHT LAW

By, Sonakshi Bannerjee INTRODUCTION Copyright aims to incentivise authors to create artistic works that they might otherwise not produce fearing its misappropriation by others, for profit.[i] Protection under copyright is granted only to expressions and not to mere ideas.[ii] A fictional character is a work of words and its characteristics and appearance gets distinction through... Continue Reading →

IMAGE TRADEMARK

By, Ankita Aseri IMAGE TRADEMARK With image trademark been granted to Taj Mahal Palace hotel, the images of Taj hotel can now not be used for commercial purpose.[1] With this Taj Mahal Palace hotel has joined the club of trademark buildings across the world i.e. the Empire State Building in New York, the Eiffel Tower... Continue Reading →

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