article thumbnail

[Guest post] Reciprocity in copyright law

The IPKat

Therefore, as regards a portrait photograph, the protection conferred by Article 2(a) of Directive 2001/29 cannot be inferior to that enjoyed by other works, including other photographic works. This concept of reciprocity is a well-established adage not only in copyright law but also in design law as demonstrated elsewhere.

article thumbnail

[Guest post] Works of applied art – the difference between design and copyright law

The IPKat

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. USM Haller modular furniture In 2011, the Court of Justice of the EU (CJEU), for the first time, had to decide on issues revolving around the protection of different categories of works under European copyright law.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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.

article thumbnail

Revisiting Bananas, Duct Tape, Walls, & Copyright–Morford v. Cattelan

Technology & Marketing Law Blog

For example, we must resolve when duct-taping a banana to a wall infringes copyright. This case involves Morford’s 2001 artwork named “Banana and Orange.” The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. The short answer should be “never.” VINDICATED!!!

article thumbnail

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Kluwer Copyright Blog

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

Copying 55
article thumbnail

Should the EU unify copyright laws?

The IPKat

Kat (re-)unification Should the EU unify the copyright laws of its Member States and introduce, over thirty years after the start of the harmonization process, a unitary copyright title? Indeed, in 1997, the proposal for what would be eventually adopted as the InfoSoc Directive in 2001 was released.

article thumbnail

Photographs Taken 91 Years Ago Still in Conflict Today

IPilogue

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. This, however, was reversed in 2001 with a ruling against Wofsy, who became responsible for 10,000 francs per infraction.

Fair Use 105