Sound, Voice, Names, Memes, Face!

 

Can Sounds be trademarked? Yes! Via sonogram, musical notes and actual recording of thirty seconds, that can identify any product merely via sound, rather, visually. Copyrightable? Yes!

Can Voice be trademarked? Nope! Copyrighted? Sort of, via collection of well-known personality traits + performer’s rights & moral rights (copyright) + protection of life & personal liberty (constitution). But it should be extremely well-known, at least territorially.

Can Names/Surnames be trademarked? Yes. But are Conditional!

Can Memes be copyrighted, under Fair Use? One of my earlier blogs contended that technically it shouldn’t be, especially whenever distortion. mutilation, modification or deformation of original work is prominent, citing also the IT Act. As an ‘artistic work’, an adapted/derivative work? Depends, how much the change in format or creators own original efforts are put; wherein not infringing copyrights in pre-existing works & if any commercial exploitation is involved & further if there's any privacy breach. But again, ceasing memes would also dilute the artistic freedom, & would be detrimental to art itself, if memes truly pass the tests of artistic works.

Can a face be trademarked? Yes, subject to the consent, and the person should be associated with the goods/services itself.

© Pranav Chaturvedi