Copying, Editing and Moral Rights - Intellectual Property Pulse

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

JANUARY 17, 2024

Unlike the Swedish and German referrals, the Romanian one has not been made in the context of a dispute concerning works of applied art (which is refreshing), but rather in relation to the protectability of a critical edition of a work. Translated into copyright language: a critical edition is an example of derivative work.

Derivative Work

Derivative Work Editing Copyright Music

Crypto Group Buys Dune Book, Confuses it for Buying the Rights

Plagiarism Today

JANUARY 18, 2022

million ($3 million) acquiring a physical copy of the book Jodorowsky’s Dune. With previous ones selling for around €25,000 ($28,000), their copy cost more than 100 times the going rate. Many copies of the book are already easy to access just through a simple search. In other nations, moral rights may prohibit that.

Copying

Copying Moral Rights Copyright Registration

First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that? Place your bets!

Copyright

Copyright Artwork Moral Rights Non-Fungible Tokens

Unclear student guide not enough to constitute authorisation to use short film still

The IPKat

MAY 18, 2024

In 2011, Mr T directed and edited a short film entitled “ Rêve d'enfants ”. In the end, in the absence of any valid authorisation for use, the court was able to hold that the reproduction of the image from the short film ‘Rêve d'enfants’ constituted an infringement of Mr T's economic rights.

Moral Rights

Moral Rights Cinema Copyright Infringement Copyright

Generative AI and Copyright

IP and Legal Filings

MAY 13, 2024

[Image Sources: Shutterstock] Basic understanding of Copyright Copyright is a legal theory that provides artists complete ownership over their creative works, preventing unauthorised use and copying. This means that using the protected work requires prior consent from its creator.

Copyright

Copyright Intellectual Property Ownership Technology

Using that classic piece of art on a book cover: Grr…

The IPKat

JANUARY 25, 2022

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Consider the following book cover of the Penguin Classics edition of Jane Austen's novel, " Mansfield Pak ". You can't judge a book from its cover". "You You can't judge a book from its cover".

Art

Art Artwork Copying Moral Rights

Copyright implications of Augmented Reality for cultural goods – Part 1

Kluwer Copyright Blog

DECEMBER 5, 2022

When the said sensor recognizes it is in front of the Ara Pacis, it gives the order to copy the colored reproductions of some parts of the Ara Pacis, stored in a cloud-based database, and display them on the screen of the goggles. When copyright is involved, both economic and moral rights issues are at stake.

Copyright

Copyright Public Domain Art Moral Rights

IPSC Panel 14 – Copyright Authorship & Ownership

43(B)log

AUGUST 11, 2021

Twain gave her a signed & inscribed copy after publication, which descendants donated to UMd decades back. Determined to prevent forfeiture, courts found—often on very thin evidence—that authors implicitly transferred rights, defying statute. Deals with © and moral rights, first sale, users rights.

Ownership

Ownership Moral Rights Copyright Publishing

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

Copies of emails between the parties provided to the Court proved that opinions had been exchanged before the composition of the products was finalised. Articles 4(1) and (3) concern the individual powers of the author on moral rights and article 12(2) concerns the transfer of intellectual rights (property and moral).

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

WIPIP Session 8 (copyright)

43(B)log

FEBRUARY 19, 2022

President Ford couldn’t prevent others from copying bare historical facts. c) does grant authors “rights in something he created” and that “already belong to him” at common law and is taken after a few short years from him and his heirs. Natural or moral right to own fruit of labors. She doesn’t think those are the same.

Copyright

Copyright Moral Rights Artwork Art

Second Circuit’s Decision in Kerson v. Vermont Law School May Embolden Property Owners to Conceal Contentious or Inconvenient Art

LexBlog IP

MARCH 14, 2024

Copyright Act to provide living creators of “works of visual art” [2] with certain non-transferable “moral rights” with respect to their artwork. [3] VARA VARA was enacted in 1990 as an amendment to the U.S. ” [5] The latter has become known as the “public presentation” exception. 17 U.S.C. §

Art

Art Artwork Law Moral Rights

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

NOVEMBER 24, 2021

The defendant in that case had offered adapters for sale which enabled Nintendo games, that had been produced by third parties in circumvention of copy protection measures and downloaded from the internet, to be used on the Nintendo games console. Intellectual Property Law in China, 2nd edition. More from our authors: Law of Raw Data.

Contracts

Contracts Copyright Law Cease and Desist

The concept of quotation according to the Italian Supreme Court: yet another example of the failure in the harmonization of EU copyright exceptions

Kluwer Copyright Blog

MARCH 28, 2022

Schifano’s heirs sued again the Foundation, claiming violation of their economic and moral rights over the works. Intellectual Property Law in China, 2nd edition. Relationship with the CJEU case law: a step back in time? More from our authors: Law of Raw Data. by Jan Bernd Nordemann, Christian Czychowski. €

Copyright

Copyright Art Moral Rights Law

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Moral rights (Sections 12-14 UrhG). Intellectual Property Law in China, 2nd edition.

Moral Rights

Moral Rights Law Copyright Copyright Law

The Pastiche in Copyright Law – Towards a European Right to Remix

Kluwer Copyright Blog

MARCH 13, 2023

Such an artifact may be a pastiche if it contains already published third-party works or if parts of works are “adopted” or borrowed, i.e. copied. External distance , on the other hand, lies in the design, i.e. in the fact that the expression of the borrowed material is edited to a greater or lesser extent.

Copyright Law

Copyright Law Copyright Law Music

Intellectual Property Pulse

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

Crypto Group Buys Dune Book, Confuses it for Buying the Rights

Trending Sources

First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Unclear student guide not enough to constitute authorisation to use short film still

Generative AI and Copyright

Using that classic piece of art on a book cover: Grr…

Copyright implications of Augmented Reality for cultural goods – Part 1

IPSC Panel 14 – Copyright Authorship & Ownership

Does food flavouring constitute a “work”?

WIPIP Session 8 (copyright)

Second Circuit’s Decision in Kerson v. Vermont Law School May Embolden Property Owners to Conceal Contentious or Inconvenient Art

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

The concept of quotation according to the Italian Supreme Court: yet another example of the failure in the harmonization of EU copyright exceptions

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

The Pastiche in Copyright Law – Towards a European Right to Remix

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