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.
Intellectual Property Law Blog
APRIL 12, 2023
The court found that this was transformative (creating the searchable database) and did not adversely impact the market for books. In fact, the court noted that this likely helps the market by making it easier for people to find relevant books. And the image may impact the market for images.
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IIPRD
JANUARY 22, 2025
To determine whether the use constitutes fair use or not is determined based on a number of factors like if they primarily include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work. Another important factor is market effect.
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. 7 This does not, however, fully answer hard questions about the right to prepare derivative works under US law.
Traverse Legal Blog
NOVEMBER 25, 2024
The four factors which attorneys and courts consider in determining if the use of a work is infringing include: 1. the nature of the copyrighted work. the effect of the use upon the potential market. Infringement can be willful or accidental. the purpose and character of your use.
TorrentFreak
OCTOBER 17, 2022
Responding to a request from the Office of the US Trade Representative (USTR), the music group highlighted several of these sites in its annual overview of ‘notorious’ piracy markets. Unauthorized Copies and Derivatives. While Songmastr’s service is a bit more advanced, the RIAA sees it as clearly infringing.
IP and Legal Filings
DECEMBER 23, 2024
Thus, a defense that has the Fair Use Principle at its bedrock, in order to be an acceptable defense, must prove the existence of these factors in its favor, namely, the purpose and character of Use, the nature of copyrighted work, the amount and substantiality of the portion used and the effect of Use upon potential markets. [1]
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