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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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How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

Kluwer Copyright Blog

Many copyright professionals had hoped that the Court’s Goldsmith decision would articulate a workable standard for distinguishing transformative fair uses from infringing derivative works. After all, many derivative works (say, a movie made from a novel) will add something new and convey some new meanings or messages.

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How Original! The Oscars and the Craft of Derivative Works

Trademark and Copyright Law Blog

One aspect of copyright law that makes adaptations attractive is derivative works. A derivative work is a work based on one or more existing copyrighted works. Even into late 2023, a 2022 Best Picture contender, Top Gun: Maverick , remained embroiled in a dispute involving derivative works.

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Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

Technology & Marketing Law Blog

While the occasional commercial use of a tattoo in a video game remains rare, tattooers use copyrighted material in their work on a regular basis. Eric’s Prior Tattoo Copyright Blog Posts. WWE 2K (Guest Blog Post) appeared first on Technology & Marketing Law Blog. An appeal in Alexander v. Take-Two is likely.

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What Is Accidental Copyright Infringement. 2024 Update

Traverse Legal Blog

The four factors which attorneys and courts consider in determining if the use of a work is infringing include: 1. the nature of the copyrighted work. Infringement can be willful or accidental. the purpose and character of your use. the amount and substantiality of the portion taken. the effect of the use upon the potential market.

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Will eBook Ruling Impact Fair Use Analysis for Generative AI?

Intellectual Property Law Blog

It noted that an eBook recast from a print book is a paradigmatic example of a derivative work and the changes involved in preparing a derivative work can be described as transformations.

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Facebook’s LLaMa Defeats Copyright Claims–Kadrey v. Meta

Technology & Marketing Law Blog

This short opinion squarely addresses when AI training models constitute derivative works. Simply indexing copyrighted books into the model doesn’t create derivative works (the judge calls the argument “nonsensical”) because the training model doesn’t recast or adapt the books. .”