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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.
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. Place your bets!
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".
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.
We explored the webinar topics in more depth, and the following is our edited and abridged conversation. In the case of AI, I think both NC (non-commercial) and ND (non-derivativeworks) provisions may be involved. there are issues relating to moralrights and other considerations. Moreover, outside the U.S.,
If so, infringement may occur unless an exception applies or the LLM did not have access to the original work. 1 Another key right is the creation of derivativeworks, which includes adaptations or translations. If so, infringement may occur unless an exception applies or the LLM did not have access to the original work.
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 derivativework.
This article delves into the saga’s central copyright issues and the concept of moralrights, and compares the situation in the US to how it might have unfolded under EU law. Another significant divergence lies in the recognition of moralrights.
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