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

The IPKat

The tale of Nosferatu shows the sometimes-uneasy relationship between copyright protection and the making of derivative works. It risks being a hackneyed truism—the purpose of copyright law is to encourage the production of original creative works. But the Stoker book did not emerge from a creative tabula rasa.

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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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rebinding books doesn't create derivative works but may be actionable under Lanham Act


Copyright infringement: Rebinding doesn’t create a derivative work. A derivative work must involve an original work being “recast,” “transformed,” or “adapted,” and nothing like that took place here. Wisdom Paths, Inc., 2023 WL 416080, No. 22-02031 (KM)(MAH) (D.N.J.

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Other Barks & Bites for Friday, July 21: Second Circuit Says Derivative Works Can Cover Unregistered Material, Surrey Hotel Trademark Not Conveyed by Sale, and 9,000+ Authors Ask for Generative AI Compensation

IP Watchdog

This week in Other Barks & Bites: government officials from the European Union and United States celebrate a milestone for the EU-U.S.

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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.