Copyright Law Derivative Work Marketing Reference 
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”). Derivative works under French copyright law. here and here ). a remake or an adaptation of a book into a film).
Kluwer Copyright Blog
MAY 20, 2024
In 2022, the Hamburg Higher Regional Court held Pelham’s use of the Metall auf Metall sample to be lawful under §51a, arguing that pastiche covers the recognizable (re)use of original parts of protected works, insofar as the borrowing work engages in some form of discussion or intellectual interaction with the original work.
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43(B)log
FEBRUARY 16, 2022
Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v. 101 (derivative works “represent an original work of authorship”); L.
LexBlog IP
MAY 19, 2023
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. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S. Copyright law in the U.S.
Technology & Marketing Law Blog
JUNE 20, 2023
To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.
IP Tech Blog
JUNE 2, 2023
The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms. Goldsmith, Andy Warhol not only used Ms.
IP Tech Blog
JANUARY 4, 2023
The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.
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