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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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HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

7] Before the court could decide if the subtitled version, a type of derivative work, could still be protected even if the underlying film on its own was available to be used by all, both parties settled. [8]. 31, 2019), [link]. [12] 9] Both parties reached an amicable settlement. [10] 11] The case has also been settled. [12]

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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.

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Copyright Liability for LLM Outputs

Velocity of Content

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 derivative works, which includes adaptations or translations. 7 This does not, however, fully answer hard questions about the right to prepare derivative works under US law.

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Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivative work that would require a license. [14]. It found that all four fair use factors weighed against fair use. [12]

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How Fair Use Favors OpenAI in the ANI Lawsuit

IP and Legal Filings

Thus, a defense that has the Fair Use Principle at its bedrock, in order to be an acceptable defense, must prove the existence of these factors in its favor, namely, the purpose and character of Use, the nature of copyrighted work, the amount and substantiality of the portion used and the effect of Use upon potential markets. [1]

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Public Domain Day 2023 is Coming: Here’s What to Know

Copyright Lately

The public domain status of all of these works was further delayed by 1998’s Sonny Bono Copyright Term Extension Act (CTEA) , which extended the term of copyright protection for subsisting copyrighted works by 20 years. Works copyrighted prior to 1978 had their terms extended from 75 years to 95 years from the date of publication.