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.

Derivative Work 106

Derivative Work Copyright Law Copyright Law 106

The IPKat

JANUARY 25, 2022

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

Art Artwork Copying Moral Rights 134

43(B)log

FEBRUARY 4, 2023

Fair uses tend to divide into buckets: justified by new work; justified by project. New work: Derivative work or embedding work: Cambpell v. Use is justified by context of being placed in new work. The parodic context has to remain for the work to remain a fair use. Prince is work plus embodiment.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

Velocity of Content

MARCH 16, 2023

One core concept in AI-relevant cases that both find for, and against, fair use ( Google Books and Fox v. It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent.

Litigation 98

Litigation Fair Use Copying Derivative Work 98