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The tale of Nosferatu shows the sometimes-uneasy relationship between copyright protection and the making of derivativeworks. The movie had entered cinema oblivion. So, if a copy of the movie could be found, the movie could be safely screened there. But the Stoker book did not emerge from a creative tabula rasa.
Miramax claims, among other things, that the preparation and sale of these derivativeworks constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. A used copy will set you back $1.09; for reasons unknown, a new copy is going for $113.03—In
In fact, he was so big that when the producers of “Ghostbusters” approached him about writing the theme for their upcoming film, Lewis had to decline because of previous commitments, including his work on the “Back to the Future” soundtrack. The case is New Line Cinema v. Cinema Secrets (2000).
On a broad reading, there seems to be an obvious conflict of two areas of law, where the RPwD Act mandates fundamental access to all content but the Copyright Act grants the author the right to control how their works are copied.
The cross-media creative franchise (think "Wonder Woman", from comics to film), is the apotheosis of the commercial potential of derivativeworks within the copyright system. Often few copies, and sometimes no copy, of a silent film would survive. But the cross media franchise is hardly a modern phenomenon.
It is now absolutely clear that authors are now entitled to royalties for the commercial use of sound recordings, except when screened in cinema halls. One of the key features was recognition of the rights of authors of original literary, dramatic, artistic and musical work, used in derivativeworks.
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