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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”). 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.

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3 Count: Royalty Redirection

Plagiarism Today

However, publishing companies had been continuing to collect royalties on behalf of songwriters even after the rights were reclaimed due to the law saying that publishers can continue licensing any existing derivative works. The lawsuit also Kano Computing Ltd., 3: Filmmakers Win $4.2m

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Paparazzi wins legal battle against well-known clothing brand

Olartemoure Blog

The trademark claimed that it had the rights over the photograph and published it on its social media as advertising , without the authorization of the author. However, the court disagreed with Deadly Doll’s claim, and analyzed whether the photograph could be considered a derivative work.

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Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

Deadly Doll’s theory was that by taking a photo of Shayk wearing clothes that included its artwork, Vila had created an unlawful derivative work that reproduced its copyrighted image. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design.

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Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use 

LexBlog IP

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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Keep Calm and Fandom On: Copyright in Cosplay, Fanfiction, and Fanart

IPilogue

In the United States, copyright holders have the sole right to prepare derivative works , including major copyrightable elements of an original, previously created work. The majority, however, see fan-made content as a form of flattery , and essentially, free advertising for the original work.

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Microsoft's PR agency got Gannett sued by sending it an ad for its Superbowl Ad Meter

43(B)log

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. Gannett derives revenue from the Ad Meter Platform, which included its own advertisement and sponsorship revenue.