Remove Derivative Work Remove Moral Rights Remove Reference
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

Unlike the Swedish and German referrals, the Romanian one has not been made in the context of a dispute concerning works of applied art (which is refreshing), but rather in relation to the protectability of a critical edition of a work. Translated into copyright language: a critical edition is an example of derivative work.

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.

Trending Sources

article thumbnail

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

IP and Legal Filings

With reference to the monetization through the YouTube video, the court stated that such humorous renditions, are not merely entertainment but also a source of livelihood for various content creators especially the youth. In India, personality rights are not formally recognised. Shroff’s powerful demeanor. Rajagopal v.

article thumbnail

Copyright implications of Augmented Reality for cultural goods – Part 1

Kluwer Copyright Blog

While creating AR experiences, so-called markers provide information on the real-world element of reference to be overlapped with digital images. 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.

Copyright 101
article thumbnail

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.

article thumbnail

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

SpicyIP

The judgement, despite its fanciful articulation was conceptually loose and was criticized for its interpretation so much so that the report of the Parliamentary Standing Committee remarked that rights of such authors are being wrongfully exploited in the name of the judgement. What’s Next?

Music 59
article thumbnail

What Protects The Intellectual Property Created By Artists Or Designers?

Intepat

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.