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[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. Question 4 a) reads as follows: 4.

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[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.

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

Technology & Marketing Law Blog

Among all of the fruits, bananas play an especially important role in copyright jurisprudence. 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 short answer should be “never.”

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. — Of course, no state law claim is exactly the same as a copyright claim.

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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.

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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.

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