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Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright.
Baby Gift House was amongst one of the first cases to delve into the commercial aspect of personality rights. [5] The interests of an artist can be protectable as an extension of its MoralRights which grants the performers the right to given credit and also claim authorship for their performance. Ammini Amma and Ors.,
Image from here Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors By Surabhi Katare In a major development, Calcutta High Court’s passed a landmark judgement on May 17, 2024, in safeguarding the copyrights of authors of music and literary work used in sound recordings.
Fair uses tend to divide into buckets: justified by new work; justified by project. New work: Derivativework 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 derivativeworks.
Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivativeworks”). Three interesting cases on derivativeworks, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.
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 derivativeworks, 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.
Translated into copyright language: a critical edition is an example of derivativework. In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moralright of attribution. Despite (or rather because of ?) In my view, this is so even for reasons beyond the question of originality.
The IPKat is pleased to host the following guest post by Katfriend Caroline Theunis (Bar of the Province of Antwerp) on the copyright troubles of music superstar and copyright-savvy artist Taylor Swift. After Swift had found herself dissatisfied with the way in which BMR had made use of its rights, she decided to re-record the albums.
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