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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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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. A composite work is therefore a derivative work, i.e. simple incorporations (e.g.

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[Guest post] Navigating the high notes: Taylor Swift's copyright dispute

The IPKat

This article delves into the saga’s central copyright issues and the concept of moral rights, and compares the situation in the US to how it might have unfolded under EU law. After Swift had found herself dissatisfied with the way in which BMR had made use of its rights, she decided to re-record the albums. 2, (c); art.

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First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. Therefore, the moral right of “disclosure” had already been exhausted.

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Some Thoughts on Five Pending AI Litigations – Avoiding Squirrels and Other AI Distractions

Velocity of Content

Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. If you are confused by the difference between transformation that excuses infringement and transformation that is the exclusive right of the creator, welcome to my world. Case 1- Doe 1 v.

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WIPIP: In Memoriam and Fair Use

43(B)log

Fair uses tend to divide into buckets: justified by new work; justified by project. New work: Derivative work or embedding work: Cambpell v. Use is justified by context of being placed in new work. Relatively separate in case law until now. Dct considered it an all new work.

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Using that classic piece of art on a book cover: Grr…

The IPKat

That is the great contribution of modern copyright law, recognizing as it does the legal status of a derivative work and thereby opening unlimited commercial possibilities for the work of art." [ Merpel notes that, of course, while the Larivière painting is not protected by copyright, it is the principle that concerns us.

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