article thumbnail

When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

The IPKat

The book that is going to change copyright law? Unlike the Swedish and German referrals, the Romanian one has not been made in the context of a dispute concerning works of applied art (which is refreshing), but rather in relation to the protectability of a critical edition of a work. Călinescu , C-649/23.

article thumbnail

Using that classic piece of art on a book cover: Grr…

The IPKat

Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book. You can't judge a book from its cover". True, except when a book and its cover are involved. But of course.

Art 134
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

Copyright Protection in Food Plating

IP and Legal Filings

It states that the following classes of works are copyrightable- Original literary, dramatic, musical and artistic works; Cinematograph films, and Sound recording The term ‘artistic work’ is defined under Section 2(c) of the Act. Nevertheless, it was explained in the case of Eastern Book Company v.

article thumbnail

Artists Attack AI: Why The New Lawsuit Goes Too Far

Copyright Lately

In addition, the original images scanned into those databases, unlike Google’s display of book snippets, are never shown to end users. This arguably makes the use of copyrighted works by by Stable Diffusion even more transformative than Google Book Search. You’d be wrong. The Copyright Act Definition is Broad, But. 17 U.S.C. §

article thumbnail

The Much-Adapted “Peter Pan” (1904 – Forever )

Velocity of Content

Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. All copyrights, except one, expire.*.

article thumbnail

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

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] Prince , 714 F.3d

article thumbnail

Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school.