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If so, infringement may occur unless an exception applies or the LLM did not have access to the original work. 1 Another key right is the creation of derivativeworks, which includes adaptations or translations. If so, infringement may occur unless an exception applies or the LLM did not have access to the original work.
Technically, from a copyright perspective, the NFTs were derivativeworks of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. Therefore, the moralright of “disclosure” had already been exhausted.
Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work. Ramkumar Jewellers, 2012 (50) PTC 486 (Del). [9]
Following the 2012 revision to the copyrights Act, it was made clear that Internet activities were also covered by the copyright law. As a result, the Indian Copyright Act, 1957 grants the owner of the artwork or the licensee sole rights to discharge copyrights that have already accrued under the statute.
Image from here Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors By Surabhi Katare In a major development, Calcutta High Court’s passed a landmark judgement on May 17, 2024, in safeguarding the copyrights of authors of music and literary work used in sound recordings.
Keller, Recognizing the DerivativeWorksRight as a MoralRight: A Case Comparison and Proposal , 63 Case W. 511, 523 (2012). Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v] vii] Deidrè A. viii] See, e.g., Lee J.
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