Law

Publicity Rights in India- A Presentation by Dr. Kalyan C. Kankanala

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1. By Dr. Kalyan C. Kankanala Visiting Faculty, National Law School of India University, Bangalore. www.bananaip.com Blog: www.bananaip.com/sinapse-blog 2.  Right to…
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  • 1. By Dr. Kalyan C. Kankanala Visiting Faculty, National Law School of India University, Bangalore. www.bananaip.com Blog: www.bananaip.com/sinapse-blog
  • 2.  Right to prevent commercial use of one's persona  Persona includes name, signature, voice, etc.  Right inheres only in celebrities Public recognition
  • 3.  Unauthorized use of persona  Commercial gain  Exception - Free Speech and Expression
  • 4.  First album, Bolo Tara Ra Ra, sold 20 million copies making it the best selling non-soundtrack album, in Indian music history.  1998: Tunak Tunak Tun is a rage on the Internet then and declared a cult hit by BBC.  Daler Mehndi in the World of warcraft- adopted Mehndi’s popular Tunak Tunak Tun track & bhangra moves into the Game.
  • 5.  Gift shops selling dolls  Daler Mehndi's persona  Moved like him  Also sang a few lines of his song
  • 6.  Decision  Publicity Rights Violation  False Endorsement  Passing Off
  • 7.  Proportionality Test  Impact on Celebrity Vs. Legitimate Interests of Public  Drawn from privacy
  • 8.  Online Computer Game - BaseBall  World Cup - Between Nations  Current National Players in teams  Specific Attributes of players  Can record games  Proportionality test? Photographer: Hubbard, Tom, 1931
  • 9. Hypothetical B  Baseball League - Between Clubs  Buy Players and play matches online  Sign endorsements for ads during matches  Proportionality Test?
  • 10.  Publicity Rights/Free Speech Interface  No National Law  Passing Off
  • 11. Thank You! For more information: www.bananaip.com/sinapse-blog Email: kalyan@bananaip.com
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