The principle of ‘Continuous Use’ in Trademark Law

What do personality rights entail? Before we delve into the recent legal disputes, let’s first grasp the concept of personality rights. In basic terms, personality rights (also referred to as publicity rights) refer to the rights that an individual has to manage the commercial use of their name, image, likeness, or other distinctive aspects of their identity. These rights hold great significance for celebrities, as their public image often holds substantial commercial worth. The Growing Importance of Personality Rights in India: Striking a Balance Between Safeguarding Celebrities and Preserving Freedom of Expression India has witnessed a notable increase in legal cases concerning the rights of individuals, especially those in the public eye such as celebrities and media personalities. These cases have ignited discussions about finding a balance between an individual’s personal rights and the essential right to freedom of expression. Let’s delve into three recent cases that have significantly influenced India’s perspective on personality rights. The Jackie Shroff Saga In May 2024, Bollywood actor Jackie Shroff took legal action to safeguard his identity, voice, images, and his well-known catchphrase “Bhidu” (a popular slang term for friend in Mumbai) against any unauthorised usage. The decision made by the Delhi High Court was intriguing as it took into account not only Shroff’s rights, but also other relevant factors. The court declined to remove a YouTuber’s parody video that cleverly utilised Shroff’s persona. The judge acknowledged the artistic nature of these videos and their potential as a source of income for young creators. This decision demonstrated a growing recognition among courts of the significance of online content creation and meme culture, particularly among younger individuals. Anil Kapoor’s Case: In a previous incident, Anil Kapoor, another renowned actor, found himself in a legal battle for comparable motives. In this instance, the court examined personality rights from a unique perspective – as a means of safeguarding a celebrity’s livelihood. The court emphasised the potential impact on a celebrity’s income from endorsements and other business deals when their image or voice is used without permission. They likened it to piracy, implying that exploiting a celebrity’s persona could be akin to robbing them of their earnings. India TV and Aap Ki Adalat: In May 2024, a highly debated incident unfolded, centering around Rajat Sharma, a prominent TV journalist, and his show “Aap Ki Adalat” (Your Court). A satirist, Ravindra Kumar Choudhary, has been using the names “Jhandiya TV” (a play on words meaning “Depressing TV”) and “Baap ki Adalat” (Father’s Court) in his content. The court ruled that Choudhary must cease using these names, as they were found to violate India TV’s trademarks and Sharma’s rights to his own identity. This decision caused concern among individuals who value free speech, as they feared it could potentially hinder the creation of parodies or the ability to comment on public figures. Why is this relevant to you? You may be curious about the significance of these celebrity court cases for everyday individuals. Allow me to explain: 1. Impact on Content Creation: These cases have an influence on the type of content that creators are able to produce. If courts become more stringent, it could potentially pose challenges for creating parodies or offering commentary on public figures. 2. Online Content: Numerous young individuals generate income by producing online content. These decisions have a significant impact on the actions and content creators can take in their videos or posts. 3. Public Debate: In a democracy, it’s crucial to have the freedom to engage in discussions and even poke fun at public figures. These cases have a significant impact on the extent to which we are able to exercise our freedom. What comes after this? As India grapples with these intricate matters, here are a few suggestions that could contribute to establishing a more equitable system: 1. Improved Guidelines: It is important for courts to establish more precise rules when it comes to striking a balance between protecting personality rights and upholding free speech, particularly in the context of parodies and satire. 2. Caution in Issuing Court Orders: It is important for courts to exercise caution when issuing orders that restrict content, ensuring that both sides of the story are heard. 3. Recognising Varied Uses: It’s important to distinguish between utilising someone’s image for financial gain and using it for the purpose of commentary or critique. It is important for courts to acknowledge and understand this distinction. 4. Public Interest: Courts must consider the potential value of allowing commentary on public

In the realm of intellectual property rights, the concept of derivative works holds significant importance, particularly in the context of copyright law. A derivative work is a creation that is based on or derived from an original copyrighted work, thereby giving rise to a new work with its own set of rights and obligations. In India, the legal framework governing derivative works is outlined in the Copyright Act, 1957, and its subsequent amendments. Definition of Derivative Works As per the Indian Copyright Act, a derivative work is defined as a work that is created by adapting or translating an original literary, dramatic, musical, or artistic work. This includes, but is not limited to, adaptations in the form of cinematographic films, sound recordings, translations, abridgments, condensations, and arrangements. Types of Derivative Works Derivative works can take various forms, depending on the nature of the original work and the creative process involved. Some common types of derivative works include: 1. Literary Derivative Works:    – Translations of novels, poems, or plays into different languages    – Abridgments or condensations of longer literary works    – Sequels, prequels, or spin-offs based on original stories or characters 2. Dramatic Derivative Works:    – Film adaptations of plays or novels    – Stage musicals based on literary works or films 3. Musical Derivative Works:    – Cover versions or remixes of existing songs    – Arrangements or transcriptions of musical compositions for different instruments or ensembles 4. Artistic Derivative Works:    – Sculptures or paintings based on existing works of art    – Photographic reproductions or digital manipulations of artworks 5. Software Derivative Works:    – Modifications or enhancements to existing computer programs    – New software applications built upon existing code libraries or frameworks Legal Implications The creation of a derivative work requires permission from the copyright owner of the original work, unless it falls under the exceptions provided by the fair use or fair dealing provisions of the Copyright Act. Case Study The adaptation of Chetan Bhagat’s novel “Five Point Someone” into the hugely popular film “3 Idiots” generated significant controversy. While the movie was a commercial and critical success, it faced backlash for deviating substantially from the original novel’s narrative and themes. Critics argued that by taking a broader, more mainstream approach, the film oversimplified the novel’s critique of the Indian education system and the struggles of IIT students. They accused the filmmakers of exploiting Bhagat’s work for commercial gain while failing to accurately represent its essence. There were also concerns about the portrayal of certain characters, like the entirely new character of Rancho, and the exaggerated depiction of IIT life and the education system. Despite these criticisms, “3 Idiots” sparked conversations about educational reforms and the pursuit of passion over societal expectations. However, the controversy highlighted the challenges of adapting works that tackle sensitive social issues, and the need for faithful and respectful representations of the source material. Implications and Considerations The concept of derivative works has far-reaching implications in various creative industries, including literature, music, film, art, and software development. It is crucial for creators and authors to understand the legal framework surrounding derivative works to avoid potential infringement issues and to protect their intellectual property rights effectively. When creating a derivative work, it is advisable to obtain proper licenses or permissions from the original copyright owners to ensure compliance with the law. Additionally, consulting with legal professionals or intellectual property experts can provide valuable guidance on navigating the complexities of derivative works and ensuring that the creative process remains within the bounds of the law. It is also important to note that the boundaries between original works and derivative works can sometimes be blurred, particularly in cases where the derivative work incorporates substantial new creative elements or transforms the original work in a significant way. In such cases, the derivative work may be considered a separate, original creation, subject to its own copyright protection. Conclusion In conclusion, derivative works play a vital role in the creative ecosystem, fostering adaptation, innovation, and cultural exchange. However, it is essential to strike a balance between encouraging creativity and protecting the rights of original authors. The Indian Copyright Act provides a comprehensive legal framework for regulating derivative works, ensuring that the rights of both the original creators and the authors of derivative works are safeguarded. By understanding the legal nuances and adhering to the principles of fair use and proper attribution, creators can navigate the realm of derivative works while respecting intellectual property rights.