Derivative Work Fair Use Moral Rights 
Kluwer Copyright Blog
SEPTEMBER 1, 2021
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.
Velocity of Content
DECEMBER 4, 2024
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 derivative works, 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.
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Kluwer Copyright Blog
APRIL 22, 2024
Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. Therefore, the moral right of “disclosure” had already been exhausted.
Velocity of Content
MARCH 16, 2023
I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.
IP and Legal Filings
JUNE 29, 2024
Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work. Ammini Amma and Ors.,
JIPEL Copyright Blog
MARCH 9, 2022
infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,
JIPL Online
APRIL 9, 2021
On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W.
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