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”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.
Technology & Marketing Law Blog
JUNE 20, 2023
Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.
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JIPL Online
MARCH 15, 2021
7] Before the court could decide if the subtitled version, a type of derivative work, could still be protected even if the underlying film on its own was available to be used by all, both parties settled. [8]. 31, 2019), [link]. [12] 9] Both parties reached an amicable settlement. [10] 11] The case has also been settled. [12]
Kluwer Copyright Blog
MAY 20, 2024
In July 2019, the CJEU held that any sample of a sound recording, regardless of its length, constitutes an infringement of the phonogram producer’s exclusive right, except if it is integrated, possibly in a modified form, into a new song making it unrecognizable to the ear. Although AG Crúz Villalon argued in his Opinion (para.
The IP Law Blog
JUNE 15, 2023
In 2019, the Ninth Circuit had previously found mostly in Zillow’s favor as to an earlier trial and had reversed and remanded the case back for further proceedings. Supreme Court’s 2019 decision in Fourth Estate Public Benefit Court v. Likewise, Zillow used each photo independently to market home designs. Zillow Group, Inc.,
LexBlog IP
FEBRUARY 28, 2022
13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivative work that would require a license. [14]. It found that all four fair use factors weighed against fair use. [12]
IPilogue
MAY 26, 2022
In 2019, West was also hit with a lawsuit for unauthorized use of a sound recording on his Grammy-nominated song, “Ultralight Beam.” To incorporate a sound recording into a new musical work, artists must obtain “clearance” or permission from the copyright holder.
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