Remove Derivative Work Remove Moral Rights Remove Presentation
article thumbnail

When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

The IPKat

Translated into copyright language: a critical edition is an example of derivative work. In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. Despite (or rather because of ?) In my view, this is so even for reasons beyond the question of originality.

article thumbnail

Derivative works: the Adventures of Koons and Tintin in French copyright law

Kluwer Copyright Blog

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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.

article thumbnail

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.

Copyright 117
article thumbnail

[Guest post] Navigating the high notes: Taylor Swift's copyright dispute

The IPKat

This article delves into the saga’s central copyright issues and the concept of moral rights, and compares the situation in the US to how it might have unfolded under EU law. Another significant divergence lies in the recognition of moral rights.

article thumbnail

Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors

SpicyIP

In my view, the present judgement is an embodiment of inspiring judicial penmanship and gravitas. In this post, I have discussed the present judgment in the backdrop of previous developments and its potential impact on authors in the future. The Court’s present ruling seems to be an extension of the system in present times.

Music 59
article thumbnail

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

xxvii] Presently, however, the placement of entitlements and interpretation of scope are backwards. Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. Zywicki & Thomas J. vii] Deidrè A. 511, 523 (2012). viii] See, e.g., Lee J.