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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. Derivative works under French copyright law.

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Copyright Hygiene for Digital Content Creators

Velocity of Content

In my first post in this series, after discussing the basics of good copyright practice for bloggers (and other creators whose distribution is primarily through social media sites), I went on to look at the DMCA and how it may be seen as a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

Copyright 116
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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine.

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The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Kluwer Copyright Blog

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

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Nintendo’s Actions Demonstrate Our Intellectual Property Laws are Broken

JIPEL Copyright Blog

Melee is a GameCube game that was released in 2001; unlike most competitive esports, Melee was released without any online features. ROMs which are possessed or distributed without the copyright holders’ permission likely violate copyright law in various ways. While Nintendo has waffled on its support for the Smash Bros.