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.

Welcome to the Multiverse: Derivative Works

LexBlog IP

” In other words, when you own the copyright on a particular artistic work, you not only own the right to copy and sell the work, but also the right to create derivative works (modifications or new expressions, based on the original), perform the work in public, and broadcast it. ” “Derivative Works” are exactly what they sound like – new copyrightable works of art based on some pre-existing material.


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Two Gotchas: Derivative Work Denied Copyright Registration; Insufficient Proof of Non-Use in Trademark Cancellation Action

CoCal IP Law Institute

On Monday, August 9, 2021, Chris Kopitzke will lead a discussion of the Copyright Office’s refusal to register the most recent version of the Golden Globe statuette, and the Trademark Trial and Appeal Board’s finding that evidence submitted to prove non-use of a trademark was insufficient to establish a prima facie case of abandonment. In [.]. Copyright Litigation Trademark TTAB Use in Commerce Damages Design patents functionality trade dress Utility patents

Judge Recommends Approving “New” Phanatic Mascot Despite Termination

Copyright Lately

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. Court Decisions Copyright Termination Derivative Works Fictional Characters

Golden Globe statuette 2018 denied copyright protection in the US

The IPKat

The US Copyright Office concluded that the logo was a derivative work of the Oscar statuette and did not possess the requisite authorship to sustain a (self-standing) claim to copyright.

When the movie is derived from a literary classic—are you an “All-In”, or a “Well, Maybe”, viewer?

The IPKat

This is even more so with respect to the making of a movie; no film maker dedicates his work to the office drawer. Even if so, for the “All-In” group, the movie, as a derivative work, remains tethered to the literary work. view) such derivative works.

Understanding the Pearson v. Chegg Copyright Infringement Lawsuit

Plagiarism Today

In short, it’s claiming that Chegg, in many cases, either directly copies the content or creates a thinly veiled derivative work based upon it, both of which are violations of copyright law.

Can I Use Fan Art in a Music Video?

Dear Rich IP Blog

Derivative works and fair use. Fan art involves the creation of a derivative work and only the copyright owner can grant permission for making derivatives.

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3 Count: Dirty Cheaters

Plagiarism Today

The lawsuit alleges that the group is committing copyright infringement not only because they are making derivative works based upon their games, but because they are circumventing copyright protection tools. Have any suggestions for the 3 Count?

Bungie Sues Elite Tech Boss, Lavicheats & VeteranCheats For Copyright Infringement


They released ‘sizzle reels’ to market the cheat using Destiny 2 artwork and developed software to hook into copyrighted Destiny 2 code thereby producing an unlicensed derivate work.

Terminate Copyright Grants Correctly or Risk Losing Your Rights

Trademark, Copyright, and Unfair Competition Law B

As important as it is for authors to regain a revenue stream, particularly for creative works that achieve acclaim over the years, the exercise of the termination right is no easy task for an author, and even for an attorney not experienced in copyright matters.

Second Circuit Holds that Billions’ Legal Drama Will Stay Only Onscreen

LexBlog IP

Specifically, Shull alleged that one of the show’s main characters, Dr. Wendy Rhoades, is an unauthorized derivative work based on her book. While the author of Market Mind Games: A Radical Psychology of Investing, Trading, and Risk may have hoped to obtain monetary damages, she will not be seeing billions. In 2018, author and professional performance coach Denise Shull and The ReThink Group, Inc.

Post With Caution

BYU Copyright Blog

However, even with this restriction, Post University has included as exhibits to the complaint, a sample of works on the Course Hero site for which Post holds the registered copyright.

The Battle Over Poker NFTs

Plagiarism Today

Famous for its expressionist renderings of various poker players, the site and its artist, Brett Butz, sold not only completed works but offered commissioned pieces that were popular among poker players. No, I'm not opposed to giving photographers a %, it's hard work.

Bungie & Ubisoft Sue Destiny 2 Cheatmakers Ring-1 For Copyright Infringement


The plaintiffs believe that Ring-1 or those acting in concert with them fraudulently obtained access to the games’ software clients before disassembling, decompiling and/or creating derivative works from them.

Is Fanfiction Legal?

JIPEL Copyright Blog

Fanfiction, or fiction written by fans of existing fictional works, has been around for a long time. It follows as a natural consequence of compelling and well-written works consumed by a passionate fanbase. Sites like AO3 provide fanfiction authors with a forum to publish their works, as well as huge audiences from around the world to consume them for free.


JIPL Online

The Conan Doyle estate, heirs to the author of the works about the famed detective Sherlock Holmes, alleged that Netflix infringed on the character Sherlock Holmes in its portrayal of Sherlock Holmes in the 2020 movie “Enola Holmes.” [2] By: Baylee Carter. INTRODUCTION.

D'You Think It's Infringement?

BYU Copyright Blog

The Professors were apparently led to believe that creating the Work would provide them with job security by increasing the revenue associated with their department. According to the complaint, pursuant to a College agreement, materials created by D'Youville faculty during the course of their employment are owned by those faculty members; therefore, the Work that the Professors created is owned by them as joint authors and not by the College.

Digital Death Penalty? Legal Battle over Piracy Disconnections Heats Up in Appeals Court


On top of that, it notes that the $223 million damages for derivative works should not have been granted. Two years ago Internet provider Cox Communications lost its legal battle against a group of major record labels.

Music 89

a handful of Google v. Oracle thoughts: categories, microworks, and market circularity


Oracle thoughts: The majority clearly says that, as with other categories of protected works, distinctions can be made within the categories, drawing lines “among” computer programs, books, and films. Not all literary works are the same; Infinite Jest gets a different kind of copyright protection than my emails do. A couple of small Google v.

Copyright Hygiene for Digital Content Creators

Velocity of Content

In the fourth , we looked at the upcoming implementation of the CASE Act, which (assuming it works as intended) will provide for a “small claims court” style of addressing copyright issues. The Creative Commons Option.

Remixing and Remastering Music in US Copyright Law: Some Reflections after Arty v Marshmello

Kluwer Copyright Blog

Arty worked on the original masters produced by OneRepublic, crucially adding his own creative elements, i.e. a derived composition (‘Arty Elements’). Absent either of these, they will likely be unable to invoke any copyright over their derivative works under US copyright law.

Music 83

IP Love Island

Intellectual Property Office Blog

The specific wording states 'non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content'.

IP 80

Model Sues Twitter Over Copyright Infringement By Algorithm

LexBlog IP

According to Morton and her legal team, the cropped images created by the algorithm are derivative works violating her copyright. It’s probably not easy to be famous in the age of social media.

Can I register my architectural work? A glance through copyright in Peru

Garrigues Blog

Architectural works are protected by copyright. The possibility of registering and granting additional protection to architectural works at Indecopi is not a new right or exclusive to Peruvian law. The only requirement is that the work must be original.

Intellectual Property: What Are the Differences between Patent, Trademark, and Copyright?

Patent Law Blog

Copyrights protect creative works. Whether it’s a book, a piece of music, a sculpture, an architectural drawing, a movie, a fashion design, or even this very article, the intellectual property right in the work itself is a copyright.

Copyright and Creative Commons: What to Do with My Bundle of Sticks?

LexBlog IP

In general, the artist who creates a work has control over how the work and its contents are used, including the rights to copy, distribute, and create derivative works (spinoffs of the work). This non-profit has created a CC Licenses framework to state clearly and simply what rights an artist does or does not want available to the public for works and under what circumstances. They are particularly applicable to works that are publicly available online.

Intellectual Property: What Are the Differences between Patent, Trademark, and Copyright?

Trademark, Copyright, and Unfair Competition Law B

Copyrights protect creative works. Whether it’s a book, a piece of music, a sculpture, an architectural drawing, a movie, a fashion design, or even this very article, the intellectual property right in the work itself is a copyright.

Copyright Protection for Choreographic Works


Like all other art forms, choreographic works in dance and their steps have been expressly recognized under the Copyright Laws of different jurisdictions. What is a Choreographic Work? Original Work : For seeking Copyright Protection, the work must be an original work of authorship.

H3 Podcast Asks Court to Throw Out “Fatally Defective” Triller Copyright Lawsuit


It was possible to see the URL in the video with some work but ultimately the video received just 65 views. Viewing a transmission is not a public display, public performance, public distribution or derivative work of the original copyrighted work,” the motion to dismiss reads.

Out With The Old, In With The Gatsby Sequels: Trademark and Copyright News for the New Year

Trademark and Copyright Law Blog

New Copyrighted Works Enter the Public Domain: In 1998, the Sonny Bono Copyright Term Extension Act added 20 years to the term of copyright protection for pre-1976 works, and paused the annual expiration of copyright on older works for 20 years.

Intellectual Property Theft: A Menace


Theft of Copyright: Generally, Copyright Infringement happens when an original film or artwork or musical work, or software code is reproduced (in whole or part) bearing similarity to the original work or has multiple and identifiable elements copied in a derivative work.


JIPL Online

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Further, derivative uses of copyrights do not threaten copyright enforceability or longevity.

API Copying Now Fair Game in the Wake of Supreme Court’s Decision in Google LLC v. Oracle America Inc.

Trademark and Copyright Law Blog

APIs allow different software programs to work together. The Court concluded that the four fair use factors – the purpose and character of the use, the nature of the copyrighted work, the amount of material used and effect on the market for the copyrighted work – all favored Google. In doing so, it applied a definition of “transformative” that is quite broad, not simply applying transformation to the work itself, but to any use that “adds something new and important.”

WHAT, IN THE NAME OF GOD, …?: Intellectual Property Rights In Holy Names, Sacred Words, & Other Aspects of Creation

LexBlog IP

Copyright Office Practices “provides an explicit ‘Human Authorship Requirement’ for a work to be subject to copyright protection. The Compendium specifically excludes works alleged to be created by a divine being.”

IPSC: Copyright and Trademark


Derivative works? Did that literature peter out and now we are getting a new wave of less empirical, more theoretical literature, or is the current discussion derived from that? We could also allow the likely confusion analysis to do all the work for us.