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The Conan Doyle estate, heirs to the author of the works about the famed detective Sherlock Holmes, alleged that Netflix infringed on the character Sherlock Holmes in its portrayal of Sherlock Holmes in the 2020 movie “Enola Holmes.” [2] 5] Netflix and the estate quickly settled. [6]. 5] Netflix and the estate quickly settled. [6].
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.
In 2017, the Warhol Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the Prince Photograph. It found that all four fair use factors weighed against fair use. [12] Goldsmith , 11 F.4th Bridgeman Art Libr.,
2017), raised an interesting example of “copyright estoppel” or, as the Ninth Circuit called it in the “Jersey Boys” lawsuit I recently discussed, the “Asserted Truths Doctrine.” By representing that a work is factual in nature, an author is prevented from later claiming that the work is fictional (and therefore protected by copyright).
From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. addition of written or pictorial elements) of a work not in the publicdomain and/or where the creator is still alive.
holding that the character of Zorro had fallen in the publicdomain. In 2017, the Italian Supreme Court rendered a first judgment, holding that Zorro would be still protected by copyright, as the 70-year post mortem auctoris term available under Italian law should also apply to foreign (in this case: American) authors.
is] that works produced for the U.S. Government by its officers and employees should not be subject to copyright” and fall “in the publicdomain.” . “The basic premise of [S]ection 105.[is] ” H.R. 94-1476 at 58 (1976); see also Georgia v. Public.Resource.Org, 140 S. 1498, 1509-10 (2020).
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