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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? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

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How Original! The Oscars and the Craft of Derivative Works

Trademark and Copyright Law Blog

One aspect of copyright law that makes adaptations attractive is derivative works. A derivative work is a work based on one or more existing copyrighted works. Even into late 2023, a 2022 Best Picture contender, Top Gun: Maverick , remained embroiled in a dispute involving derivative works.

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When a vampire not called Dracula bested the copyright system, and what it tells us about derivative works

The IPKat

But for IP types, perhaps their most notable accomplishment was the revenge that they took upon the copyright system. And, while the copyright laws were used to try to keep the film from public view, ultimately it failed, to the continuing benefit of cinematic creation. It is here that the story, as a copyright matter, become murky.

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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”). Derivative works under French copyright law. Derivative works under French copyright law. here and here ).

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How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

Kluwer Copyright Blog

Many copyright professionals had hoped that the Court’s Goldsmith decision would articulate a workable standard for distinguishing transformative fair uses from infringing derivative works. After all, many derivative works (say, a movie made from a novel) will add something new and convey some new meanings or messages.

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Warhol Foundation v. Goldsmith at SCOTUS Part II: The Derivative Works Right

The Illusion of More

In Part I, I wrote that I hope the Court will find that AWF’s central argument fails on the “transformativeness” question presented and that it will reaffirm that this part of the fair use factor one inquiry must find at least some evidence of commentary upon the original work. Warhol’s Prince Series does not comment […].

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Off the Charts: Derivative Work Copyright Registers All Material in Derivative Work

JD Supra Law

In a matter of first impression, the US Court of Appeals for the Ninth Circuit reversed the district court’s partial grant of summary judgment in favor of the defendants, vacated a jury verdict and an award of attorneys’ fees, and remanded an action alleging infringement of copyright in two charts depicting organizational change.