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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.

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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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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
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Some Thoughts on Five Pending AI Litigations – Avoiding Squirrels and Other AI Distractions

Velocity of Content

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.

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WIPIP: In Memoriam and Fair Use

43(B)log

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.

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What moral rights looked like in the 12th century—the story of "Guide of the Perplexed"

The IPKat

The basic mechanism of the modern author is regulating reproduction of the work (the subject matter of copyright) and preventing affronts to the work and the author's connection with it (the subject matter of moral rights). In the word so favored by the Academy, "contextualization" matters.