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

It's about time to give the music producer her/his copyright due

The IPKat

Thanks to his work, the musicians do not miss any idea, melody or chord progression that appears during songwriting session. Still, the work of the record engineer is of a technical nature. copyright derivative work music producer Polish law

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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

Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography

IP Watchdog

It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. “Fair Use” is a flexible defense to claims of copyright infringement.

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.

NFT – The Hottest Trend in Ripping Off Artists

The Illusion of More

million and then announced its intent to make the work publicly available, produce an animated series, and promote 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.

3 Count: Sealed with a Kiss

Plagiarism Today

3: ‘Pooh,’ ‘Sun Also Rises’ among literary and film works with copyrights expiring in 2022. Copyright Law, works lapse into the public domain on January First of the year their copyright expires. Have any suggestions for the 3 Count?

3 Count: Swimsuit Edition

Plagiarism Today

First off today, Kevin Shalvey at Business Insider reports that “Sports Illustrated” swimsuit model Genevieve Morton has filed a lawsuit against Twitter alleging that the site was slow to remove infringing material and that an AI photo editing tool created unlawful derivative works.

“Pearson v Chegg”: Is “Cheating” a Copyright Infringement?


Although answers, the textbook usually gave one- or two-worded answers to those dreadful questions that ended with “explain your answer” or “show all your work.” Photo by Kyle Gregory Devaras ( Unsplash ). Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. .

Online Learning Service Denies Copyright Infringement Claims

BYU Copyright Blog

Course Hero further denies that the previews it provides customers of documents are derivative works.

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?

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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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.


JIPL Online

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 11] Physical mods of game hardware are considered derivative. [12] By: Mikela Gassert. Introduction.

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.

Hey Bulldog!

BYU Copyright Blog

According to LTF, the only differences between the two works are the "added spikes and tag to the infringing work." In a Complaint filed on October 7, 2021, in the Western District of Louisiana, Louisiana Tech University Foundation, Inc.,

What Mr. Beast’s Squid Game Video Says About Originality

Plagiarism Today

What I objected to was this take, now deleted, which set up Squid Game and Beast's derivative video as apples to apples creative endeavors. The source of the work was very heavily cited throughout. For those trying to create original works, it raises the question: Why bother?

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.


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.

Buying an NFT? You are not buying what you think.

Traverse Legal Blog

The right to create derivative works. When you purchase an NFT, the buyer typically does not receive the copyright to the underlying work. Buying an NFT Does Not Mean you Can Create T-shirts of the Digital Art and Sell them Online, Make a Movie or Create New Similar Works.

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.

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.

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.

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.

Miramax, Tarantino and a Fight Over Bright Shiny Objects

Copyright Lately

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs.

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.

Understanding Assignment of Copyright


Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately.

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'.

Top 3 posts of the autumn from our IP law blogs

Kluwer Copyright Blog

” 3) Derivative works: the Adventures of Koons and Tintin in French copyright law by Brad Spitz. “ 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”).

Keep Calm and Fandom On: Copyright in Cosplay, Fanfiction, and Fanart


Members of fandoms often participate in various creative activities inspired by their source material, including dressing up as the characters, writing stories based in the fictional universe, and making drawings about the original work. Photo by Muhammad Faiz Zulkeflee ( Unsplash ).

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.

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 88

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

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.

Second Circuit: Addressing Fair use Defense

IP and Legal Filings

The present case deals in the creation of the work which has a prior material, whereby the dispute is between a creator’s creativity and creator’s control. AWF owns much of the work of Andy’s.

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.

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?

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.

13 Spooky Copyright Cases, Just in Time for Halloween

Copyright Lately

So, without further ado, here are 13 Halloween-themed works that someone (hopefully other than you) got sued for. That was ultimately irrelevant to the court in the absence of sufficient similarities between the works, and the judge tossed the case.

Cinema 110

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.