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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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IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

ii] Existing copyright law is ineffective in its application to new forms of digital media. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] xii] These so called “rules for meme marketing” instruct corporate entities to be “authentic” and “relatable.” Mason J.

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. Claims under copyright law.

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Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors

SpicyIP

However, J Krishna Iyer’s otiose , as he referred to it, footnote to the judgement highlighted the need for legislative exploration to protect the rights of musicians. He, rightfully, opined that ‘ twin lights can co-exist” for “ composer alone has copyright on a musical work.”

Music 59
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The concept of quotation according to the Italian Supreme Court: yet another example of the failure in the harmonization of EU copyright exceptions

Kluwer Copyright Blog

In this sense, the case represents yet another evidence of the weak impact of the CJEU’s harmonizing efforts on national copyright flexibilities, and highlights, once again, the pressing need for a legislative intervention to realize a greater convergence between Member States’ copyright laws in action.

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Anil Kapoor Vs Simply Life India & Ors: An Unwavering Assurance In Safeguarding Personality Rights Against Ai

IP and Legal Filings

The illegal distribution and sale of t-shirts, magnets, keychains, mugs, stickers, and masks featuring a celebrity’s picture, face, or other connected qualities should not, she emphasised, totally strip these rights of their protection. This is called personality merchandising or ” marketing of one’s persona.

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The Pastiche in Copyright Law – Towards a European Right to Remix

Kluwer Copyright Blog

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019.