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D.Gowthami Reddy, Partner, M/s.Pentallect Partners

COPYRIGHT VS DEFAMATION

             The recent tussle between the well-known actors Actor Dhanush and  Actor Nayanthara over the use of few seconds of  behind the scenes footage from the movie sets of the movie ‘Nanum Rowdy Thaan’ in her recent Netflix release NAYANTHARA - beyond the fairy tale, is all over the internet. While there are people voicing out in favor of both the actors, this article is only trying to explore the legal aspects involved in this issue. Firstly, Dhanush being the producer of the above mentioned cinematograph film is the rightful and 1 st owner of the copyrighted work in the absence of any agreement to the contrary. As per the Section 17 of the copyright Act, 1957. Further, Section 14 of the Act is exhaustive of the ways in which an owner of a copyright can exploit his work. Actor Nayanthara in her public letter addressed to Actor Dhanush was very derogatory in nature and was in many places a personal attack on his character and defamatory in nature. Nevertheless, in the given case
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D.Gowthami Reddy, Partner, M/s.Pentallect Partners

SPORTS AND MASCOTS


Today being the inauguration of the of 44th Chess Olympiad, organised by the Fédération Internationale des Échecs at Mahabalipuram, Thambi - The chess Mascot is all geared up to welcome our Honourable Prime Minister and the delegates and participants from nearly 180 countries. Thambi and family are all dressed up for the occasion in Vesti, Sattai, Kurti and sari, exuberating enthusiasm in welcoming all to the scenic destination. Thambi is  there all over the city campaigning for the chess Olympiad. On this note let’s explore other interesting mascots and why they become to be one of the most valuable IP of an organisation.



HISTORY OF MASCOTS:

Mascots are seen as storytellers; telling the stories of the organisations that they represent to the public. The use of ‘mascot’ as a concept started in the year 1880 when an opera series titled La Mascotte; written by French philosopher Edmond Audron was screened in England and America. The story was about a farm girl who brought luck to anyone who employed her. Thereafter, mascots acquired their identity as a person, thing or an animal bringing luck thereafter.

BRANDS AND MASCOTS:

Many a times, either in the malls or during a brand promotional event, we find imaginary characters or characterised animals portrayed by a costumed person, welcoming people, shaking hands with them and taking pictures with them. Such characters are called mascots. Mascots are fictional, symbolic spokespeople of an organisation or an event. Mascot is mostly a distinctive, stylized figure of a person, animal, object, toy which is used to represent a sports team or an organization and is thought to bring good luck. A lot of creativity goes in to designing a Mascot. For example, it could be an animal made to have humanlike characteristics; a specifically designed imaginative character of a man/ women; a speaking and living food, animal, object and this could go on without any boundaries to one’s imagination.

However, today mascots play a far greater role then what they were originally intended for. They add value to the brand of a company or organisation. They perform the function of a trademark and a brand more elaborately. They help organizations to establish a personal connection with the public; create an impact on the public and helps them to recognise and remember a brand better. Brand awareness that Mascots as trademarks can bring remains unmatchable.  Mascot is a quite an attractive element that could be owned by a company or organization; with  its distinctive characteristic and personality traits; it is a super Brand (trademark). Owning a Mascot is a great marketing and publicity strategy to any organization, as it offers visibility to the brand like no other. Mascots provide easy engagement with the public and have largely taken over the social media market. That is why people are keen on taking pictures with the mascot and posting on social media which in turn gives maximum visibility to a brand resulting in more demand for their products and services. Mascots themselves are great products of merchandise; especially in sports. They shall be made available in form of T-shirts, toys, caps, souvenirs etc.

SPORTS MASCOTS:

Now let’s have a look at other mascots that were used in India to represent national and international sports.

AIBA YOUTH WOMEN'S WORLD BOXING CHAMPIONSHIP (2017)


Guppy (A female version of Assam's one-horned rhino)


ASIAN ATHLETICS CHAMPIONSHIP MASCOT

Olly (Olive Ridley Sea Turtle)

FIFA U-17 WORLD CUP INDIA 2017

Kheleo (A clouded Leopard)

COMMON WEALTH GAMES OF 2010.
Shera Shera, (Tiger)

ICC WORLD CUP 2010.
Stumpy (Baby Elephant)

KHELO INDIA YOUTH GAMES 2022.
Dhakad











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