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And, while the copyrightlaws were used to try to keep the film from public view, ultimately it failed, to the continuing benefit of cinematic creation. The tale of Nosferatu shows the sometimes-uneasy relationship between copyright protection and the making of derivativeworks. Enter the copyrightlaws.
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. This is, after all, supposed to be a copyright case.
The case is New Line Cinema v. Cinema Secrets (2000). In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner. This prompted a lawsuit by Don Post Studios, which asserted that the Cinema Secrets mask was a copy of its own mask. BMG (1988).
Notably, WIPO had adopted the Marrakesh Treaty in 2013 to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. The Treaty represented a significant step towards making books available to everyone in accessible formats such as Braille, audio or large print.
This landmark decision recognizes the rights of the authors, which were long overdue and often neglected, despite being enshrined under the Copyright Act via the 2012 amendment. 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.
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