Remove 2001 Remove Derivative Work Remove Marketing
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

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

Technology & Marketing Law Blog

Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Insiders

Sign Up for our Newsletter

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

Trending Sources

article thumbnail

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

Kluwer Copyright Blog

However, the limits of the scope of protection of the right of reproduction as harmonised under Article 2 of Directive 2001/29/EC (InfoSoc Directive) can only be drawn where the creative elements of the existing work can no longer be recognised in the new work ( CJEU C-476/17 paras.

article thumbnail

CJEU rules that EU Member States cannot set their own reciprocity clauses under the Berne Convention

The IPKat

In essence, any time that there is a ‘work’ as defined by the CJEU [see Levola Hengelo ; IPKat here ] that is marketed in the EU, the InfoSoc Directive shall apply. Călinescu , concerning derivative works and what makes them protectable [IPKat here ].

Art 129
article thumbnail

A Roundup of More Completed Cases

BYU Copyright Blog

Bel-Mac claimed that it had not conducted business in Louisiana since 2001 and that, according to the Federal Rules of Civil Procedure, LTF would need to prove that Bel-Mac had conducted continuous and systematic business activities in Louisiana to establish jurisdiction.