This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivativeworks”). Three interesting cases on derivativeworks, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.
Legal Background: Copyright and DerivativeWorks 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.
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.
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 derivativeworks and what makes them protectable [IPKat here ].
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.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content