Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Derivative works under French copyright law. A composite work is therefore a derivative work, i.e. simple incorporations (e.g.

Derivative Work 104

Derivative Work Copyright Law Copyright Law 104

Kluwer Copyright Blog

APRIL 22, 2024

Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. Therefore, the moral right of “disclosure” had already been exhausted.

Copyright 114

Copyright Artwork Moral Rights Non-Fungible Tokens 114

IP and Legal Filings

JUNE 29, 2024

Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work. Further in the case of Civic Chandran and Ors.

Personality Rights 96

Personality Rights Fair Use Privacy Intellectual Property Law 96

JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. vii] Deidrè A.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52