Derivative Work Marketing Moral Rights 
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.
The IPKat
JANUARY 25, 2022
That is the great contribution of modern copyright law, recognizing as it does the legal status of a derivative work and thereby opening unlimited commercial possibilities for the work of art." [ Merpel notes that, of course, while the Larivière painting is not protected by copyright, it is the principle that concerns us.
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Kluwer Copyright Blog
DECEMBER 5, 2022
As a result, AR may be attractive not only to potential users of the cultural heritage-related services, but also for market operators with commercial interests. However, as mentioned, AR can also be developed by third parties, and in particular by market operators that have no initial connection with bodies managing cultural heritage.
IP and Legal Filings
JANUARY 23, 2023
Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market. v] Prior to the development of NFTs, artists depended on non-traditional legal and financial frameworks to drive the art market.
JIPL Online
APRIL 9, 2021
x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 511, 523 (2012).
43(B)log
FEBRUARY 4, 2023
Fair uses tend to divide into buckets: justified by new work; justified by project. New work: Derivative work or embedding work: Cambpell v. Use is justified by context of being placed in new work. Not suggesting that “work” and “project” are exhaustive categories. Prince is work plus embodiment.
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.,
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