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In India, recourse can be had to trademark law which recognises that fictional characters enjoy goodwill, and provides relief for cases of ‘character merchandising’. ’. Character merchandising has been defined as involving the exploitation of fictional characters by licensing these fictional characters in the case of Star India Private Limited vs Leo Burnett (India) Private L
An author, after transferring a copyright, can terminate the transfer under certain circumstances. This right to terminate the transfer is absolute and cannot be waived. [35] For works published before 1978, copyrights may revert to the author after 56 years.
Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person’s prior consent, or, in the case of a minor, the prior consent ...
OTW's position is that fan fiction and other fan labor products constitute copyright fair use under 17 U.S.C. § 107 because they add "new meaning and messages to the original" work, [37] and thus fall under the exemption to U.S. copyright law the Supreme Court defined in Campbell [38] and which was later revisited and followed in Suntrust. [39]
1) A copyright is held by default with the person whose name it was taken out in, regardless of potential conflicts with state law. 2) If a work contains a mixture of original and copyright infringing material, but it is so intermingled as to be inseparable, then the copyright holder may take all profits from the work. Press Pub. Co. v. Monroe
If no notice of copyright was affixed to a work and the work was, in fact, "published" in a legal sense, the 1909 Act provided no copyright protection and the work became part of the public domain. Under the 1976 Act, however, section 102 says that copyright protection extends to original works that are fixed in a tangible medium of expression ...
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