Remove Artistic Work Remove Derivative Work Remove Presentation
article thumbnail

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.

article thumbnail

Welcome to the Multiverse: Derivative Works

LexBlog IP

.” In other words, when you own the copyright on a particular artistic work, you not only own the right to copy and sell the work, but also the right to create derivative works (modifications or new expressions, based on the original), perform the work in public, and broadcast it.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Copyright Protection in Food Plating

IP and Legal Filings

Most chefs use their creativity to come up with multiple ways to beautifully present or plate their dishes. Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. The concept of “Scène à faire” would be appropriate in such cases.

Copyright 105
article thumbnail

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.

article thumbnail

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]

article thumbnail

Protecting Software Innovation in India

Biswajit Sarkar Copyright Blog

Article 27 of the Universal Declaration of Human Rights (UDHR) establishes the entitlement to enjoy the protection of moral and material interests arising from scientific, literary, or artistic creations. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

article thumbnail

Prompt Authorship and Ownership: Clarifying Rights and Responsibilities

Intepat

This is because the resulting work is a new creation that depends on various factors, including the system’s programming and the input prompt. The generated work might be an original creation of the AI, or it could be considered a derivative work depending on the nature of the output and the input data used.