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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

Unlike the Swedish and German referrals, the Romanian one has not been made in the context of a dispute concerning works of applied art (which is refreshing), but rather in relation to the protectability of a critical edition of a work. Translated into copyright language: a critical edition is an example of derivative work.

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Using that classic piece of art on a book cover: Grr…

The IPKat

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Consider the following book cover of the Penguin Classics edition of Jane Austen's novel, " Mansfield Pak ". But this is not the case for works of art. You can't judge a book from its cover".

Art 133
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Evolution of Tests of Creativity in Copyrights

IP and Legal Filings

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. It was written with a distinct style and message.