Understanding the Enforcement of Celebrity Rights
Adv. Sakshi Shairwal
Recently, a copyright infringement suit was filed in the Trivandrum District Court against Facebook India the suit was filed that a certain unknown person has been posting without authorization the original song recording a vempati Ravi Shankar who was the plaintiff's late husband when the defendant social media platform on Facebook and Instagram was checked. Vempati Ravi Shankar was a “Kuchipudi artist” who passed dissipated in various National and international festivals with multiple titles and awards the like “Kala Ratna” he is also the son and discipline Padma Bhushan vempati Chinna Satyam and was also credited with various musical and compositions for its dance.
The plaintiff’s wife who is the sole legal higher of the copyright in these words is held by Priyanka vempati Ravi Shankar notified Facebook and Instagram regarding the presence of sound recordings on this platform but they failed to take over it down and the present suit was filed in the district court.
The Exclusive copyright communicated the plaintiff’s work to the public as a plaintiff's sound recording work had been used without authorization and there was enough copyright infringement. The plaintiff also claimed that the violation of moral rights and infringement of posthumous celebrity rights was also seen.
Right to Publicity: Post Mortem
In the case vempati Ravi Shankar has filed the case against Facebook copyright dispute on the issue that it has violated the entrenchment of postmodern celebrity rights. Question: can the right to publicity survive after individual death? In vempati Ravi Shankar Facebook copyright dispute on the issue of violating the entrenchment of postmodern celebrity right where the copyright holder has exclusive right to communicate is worked on the public as well as primarily route records by use without authorization and the copyright infringement has been seen.
The Protection of moral right is an important aspect provided and the copyright is based on the personality of an author or the performer. In the case of Sim V. Heinz & Co. Ltd the court said that the copyright is not granted to the size, likeness, or identification of a person. The copyright is given exclusively for the authorized reproduction or the creation of the derived image or the sale or any commissioned photograph by others. The Action for infringement of copyright must follow to show ownership of the copyright in the image or copying of that image the contacts a celebrity photograph is one of the biggest celebrity encounters the lack of ownership of the photograph is being exploited in these cases.
Rights to Moral Rights
Under Section 57 of the Copyright Act, 1957 provides that the moral right is still versed with the author even if he has assigned the other rights in respect of work or any moral right in form of the right to integrity (means to protect the modification of the work that is prejudiced to honor the reputation of the author) and Right to Paternity (where the authorship of the work is claimed by the author). In the case of vempati Ravi Shankar has filed the case against Facebook copyright dispute on the issue that it has violated the entrenchment of postmodern celebrity right where the copyright holder has exclusive right to communicate is worked on the public as well as primarily route records. So, in this case, the people had been posting the sound recordings of Shankar by his name on Facebook and Instagram, and then the violation of the right of paternity cannot be claimed. The Right to integrity stimulates that an action taken against the modification or dissertation, mutilation of an act related to the work said if such mutilation, modification any other act is to prejudices the person's honor or reputation.
In this case information regarding the posting of Plaintiff's work then the moral right to influence it does not seem to be violated in the present case. If the concern of sound recording has been used for competing for artistic works then the use in question is contrary to that Shankar has intended his work to be used, thus it would be prejudiced to his reputation.
On 2nd July the court granted an AD interim injunction in the favor of the plaintiff is ordering the takedown of entertainment content from Facebook and Instagram or any other social media.
In India, there are various laws that give exclusivity to the celebrity and the aspect of artist and personality regarding the public and performances that are broadcasted. Like celebrities, all people have the right to privacy that needs to be protected. There are several unique kinds of rights that safeguard the celebrity rights like trademark, copyright, passing off, etc. The economic rights are available but there is still ambiguity regarding the moral rights of the question of the ‘substantial similarity that is the necessary element for the protection in the celebrity category.
The stage of the celebrity right has been gaining the concerned attention and the clarity with time. The huge infringement damages and the multi-dollar award may be stopping the violation of the privacy of the celebrity and employees, various judicial pronouncements have given a discipline to the growing problem. The Judicial has repeatedly highlighted the various aspects of the celebrity right with the statutory recognition of the aspect of the celebrity rights and keeping pace with the rapid commercialization of the celebrity status and the rights filled for this.
The article first published on Lexology.com and the same can be published here.