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

Kluwer Copyright Blog

APRIL 22, 2024

Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. Therefore, the moral right of “disclosure” had already been exhausted.

Copyright 120

Copyright Artwork Moral Rights Non-Fungible Tokens 120

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. Q: Is Prince selling a work or a brand? I didn’t copy the P’s work, I copied my own.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

JIPL Online

APRIL 9, 2021

Brands have recently begun to co-opt this form of communication in an attempt to capitalize on the prevalence and effectiveness of memes. [ii] Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. Zywicki & Thomas J. vii] Deidrè A. 511, 523 (2012).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Intepat

OCTOBER 7, 2022

Rights Conferred on Owner: The copyright owner of a piece of artwork has the exclusive right to make copies, sell or distribute copies, prepare derivative works based on the copyrighted artwork, and publicly display the artwork. d) Taking legal action when an artist’s IPRs or moral rights are violated.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Intepat

OCTOBER 7, 2022

Rights Conferred on Owner: The owner of the copyright in a piece of artwork has the exclusive right to make copies, sell or distribute copies, prepare derivative works based on the copyrighted artwork, and publicly display the artwork. Taking legal action when an artist’s IPRs or moral rights are violated.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52