article thumbnail

Derivative works: the Adventures of Koons and Tintin in French copyright law

Kluwer Copyright Blog

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. here and here ). a remake or an adaptation of a book into a film).

article thumbnail

Why do artists infringe copyright – the tension between artistic creativity and copyright law

IPilogue

There seems to have always been tension between artistic creativity and copyright law. Copyright, in the simplest terms, is “ the right to copy.” In other cases, museums invited artists to create derivative works based on museum collections. In this sense, the act of copying is the very medium of Warhol’s art.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Remixing and Remastering Music in US Copyright Law: Some Reflections after Arty v Marshmello

Kluwer Copyright Blog

In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘ Happier ’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band). Image by 453169 from Pixabay.

Music 98
article thumbnail

Generative AI: admissibility and infringement in the two US class actions against Meta’s LLaMA

Kluwer Copyright Blog

The Cause of Action The cause of action in both cases is the same and can be summarized as follows: Direct Copyright Infringement (17 U.S.C. § LLaMA language models cannot function without the expressive information extracted from the alleged infringed works and the LLaMA language models are themselves infringing derivative works.

article thumbnail

Top 3 posts of the autumn from our IP law blogs

Kluwer Copyright Blog

Top 3 Kluwer Copyright Blog posts. 1) The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. In this Part II we discuss copyright law aspects of NFTs, with a focus on the EU copyright acquis.”

article thumbnail

AI Generated Art and its conflict with IPR

IIPRD

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

Art 52
article thumbnail

Pelham II: ‘Parody’ as an all-encompassing term for ‘pastiche’ and ‘caricature’ too?

The IPKat

In his Opinion, however, Advocate General (AG) Cruz Villalón indicated that the notions of parody, caricature and pastiche ‘have the same effect of derogating from the copyright of the author of the original work which, in one way or another, is present in the – so to speak – derived work.’