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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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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. ., 2023 WL 416080, No. 22-02031 (KM)(MAH) (D.N.J.

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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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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. Hence, the “bundle.”

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Will eBook Ruling Impact Fair Use Analysis for Generative AI?

Intellectual Property Law Blog

It noted that an eBook recast from a print book is a paradigmatic example of a derivative work and the changes involved in preparing a derivative work can be described as transformations.

Fair Use 198
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Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use 

JD Supra Law

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. By: Seyfarth Shaw LLP