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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

Translated into copyright language: a critical edition is an example of derivative work. Derivative works under EU law So far, the CJEU has tackled derivative works from the perspective of infringement, not copyright subsistence. Despite (or rather because of ?) Indeed, in Institutul G.

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When a vampire not called Dracula bested the copyright system, and what it tells us about derivative works

The IPKat

The tale of Nosferatu shows the sometimes-uneasy relationship between copyright protection and the making of derivative works. It risks being a hackneyed truism—the purpose of copyright law is to encourage the production of original creative works. But the Stoker book did not emerge from a creative tabula rasa.

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Copyright Derivative Work Ideas from Attorney Steve

JD Supra Law

According to the United States Copyright Office Circular 14: "A derivative work is a work based on or derived from one or more already existing works. By: Vondran Legal

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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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Warhol Foundation v. Goldsmith at SCOTUS Part II: The Derivative Works Right

The Illusion of More

In Part I, I wrote that I hope the Court will find that AWF’s central argument fails on the “transformativeness” question presented and that it will reaffirm that this part of the fair use factor one inquiry must find at least some evidence of commentary upon the original work. Warhol’s Prince Series does not comment […].

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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.