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When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

The IPKat

Translated into copyright language: a critical edition is an example of derivative work. Derivative works under EU law So far, the CJEU has tackled derivative works from the perspective of infringement, not copyright subsistence. Despite (or rather because of ?) Indeed, in Institutul G.

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

LexBlog IP

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” Controversy” [8] : The Litigation. Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. He did just that.

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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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Does Transformative Matter? No, At Least Where Use Is Commercial

LexBlog IP

Vanity Fair commissioned Warhol to create the illustration, and Warhol used Goldsmith’s licensed photo to create a purple silkscreen portrait of Prince, which appeared with an article about Prince in Vanity Fair ’s November 1984 issue. ” Id. ” Slip Op., ” Id. ” Id.