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In the realm of intellectual property, copyright and moralrights play pivotal roles in safeguarding the interests of creators. While copyright primarily focuses on the economic rights associated with creative works, moralrights emphasize the personal and reputational interests of the creators.
Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivativeworks”). Three interesting cases on derivativeworks, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.
Technically, from a copyright perspective, the NFTs were derivativeworks of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. Therefore, the moralright of “disclosure” had already been exhausted.
For instance, moralrights may be at stake, as well as alternative forms of protection that may limit the availability of works, such as cultural heritage-related rules or contractual provisions. When copyright is involved, both economic and moralrights issues are at stake.
351 by the Andean Community Commission, protects different forms of expression of architectural works: illustrations, maps, drawings, plans, sketches, scale models, drafts and plastic works related to architecture, and also derivativeworks. Right of paternity: the right to claim authorship of the work.
With this brief background in mind, this blog post explores the implications of copyright protection of memes. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. Zywicki & Thomas J.
infringement of the creator’s exclusive right to reproduce and/or prepare a derivativework) or VARA/moralrights (i.e., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,
Rights Conferred on Owner: The copyright owner of a piece of artwork has the exclusive right to make copies, sell or distribute copies, prepare derivativeworks based on the copyrighted artwork, and publicly display the artwork. d) Taking legal action when an artist’s IPRs or moralrights are violated.
Third, a change in licensing can have downstream effects on derivativeworks and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. First, you may need to secure permissions from every contributor to the project, a logistical issue for larger, more collaborative initiatives.
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