Kluwer Copyright Blog

DECEMBER 5, 2022

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.

Copyright 105

Copyright Public Domain Art Moral Rights 105

Velocity of Content

MARCH 16, 2023

It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent. This will be hard to defend. Will a lawsuit in an EU jurisdiction be next?

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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.,

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

IP and Legal Filings

JANUARY 23, 2023

An illustration of this idea is that, unless the owner of the copyright expressly grants such a right in writing, a buyer of a sculpture only receives the right to exhibit it, not to make copies of it or derivative works. It is possible for someone to print the NFT while posing as the author of the piece.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

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.,

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

JIPL Online

APRIL 9, 2021

Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. Zywicki & Thomas J. Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v] vii] Deidrè A. 511, 523 (2012). viii] See, e.g., Lee J.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Traverse Legal Blog

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. First, you may need to secure permissions from every contributor to the project, a logistical issue for larger, more collaborative initiatives.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

Velocity of Content

APRIL 30, 2024

In the case of AI, I think both NC (non-commercial) and ND (non-derivative works) provisions may be involved. there are issues relating to moral rights and other considerations. Rowland: Creative Commons licenses are at issue in some current litigation. Moreover, outside the U.S.,

Licensing 52

Licensing Social Media Copyright Publishing 52

SpicyIP

MAY 23, 2024

One of the key features was recognition of the rights of authors of original literary, dramatic, artistic and musical work, used in derivative works. Nonetheless, the courts overlooked the essence of the amendment, leading to such rights still not being recognized by the Supreme Court.

Music 58

Music Licensing Copyright Moral Rights 58

LexBlog IP

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. First, you may need to secure permissions from every contributor to the project, a logistical issue for larger, more collaborative initiatives.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

The IPKat

JANUARY 4, 2023

The basic mechanism of the modern author is regulating reproduction of the work (the subject matter of copyright) and preventing affronts to the work and the author's connection with it (the subject matter of moral rights). but rather how readers use the text.

Moral Rights 96

Moral Rights Derivative Work Licensing Intellectual Property 96

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

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

Garrigues Blog

MAY 11, 2021

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.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

Intepat

OCTOBER 7, 2022

Rights Conferred on Owner: The copyright owner of a piece of artwork has the exclusive right to make copies, sell or distribute copies, prepare derivative works based on the copyrighted artwork, and publicly display the artwork. d) Taking legal action when an artist’s IPRs or moral rights are violated.

Intellectual Property 59

Intellectual Property Design Designs Artwork 59

Intepat

OCTOBER 7, 2022

Rights Conferred on Owner: The owner of the copyright in a piece of artwork has the exclusive right to make copies, sell or distribute copies, prepare derivative works based on the copyrighted artwork, and publicly display the artwork. Taking legal action when an artist’s IPRs or moral rights are violated.

Intellectual Property 52

Intellectual Property Design Designs Artwork 52