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Intersection of Copyright and Moral Rights: Protecting Creators’ Integrity

Intepat

In the realm of intellectual property, copyright and moral rights play pivotal roles in safeguarding the interests of creators. While copyright primarily focuses on the economic rights associated with creative works, moral rights emphasize the personal and reputational interests of the creators.

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First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

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.

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Using that classic piece of art on a book cover: Grr…

The IPKat

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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Copyright implications of Augmented Reality for cultural goods – Part 1

Kluwer Copyright Blog

For instance, moral rights 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 moral rights issues are at stake.

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Can I register my architectural work? A glance through copyright in Peru

Garrigues Blog

351 by the Andean Community Commission, protects different forms of expression of architectural works: illustrations, maps, drawings, plans, sketches, scale models, drafts and plastic works related to architecture, and also derivative works. Right of paternity: the right to claim authorship of the work.

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The Interplay of Personality Rights and Freedom of Expression- the Jackie Shroff’s Case’

IP and Legal Filings

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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WIPIP: In Memoriam and Fair Use

43(B)log

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. Rosenblatt: how we think about that might be different in music sampling than other derivative works.