Remove Derivative Work Remove Moral Rights Remove Trademark
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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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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.

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Some Thoughts on Five Pending AI Litigations – Avoiding Squirrels and Other AI Distractions

Velocity of Content

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. Almost as interesting is the trademark/Lanham Act claim. This will be hard to defend.

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

JIPL Online

Further, derivative uses of copyrights do not threaten copyright enforceability or longevity. Trademark, another form of intellectual property, is threatened by genericide and derivative use because such uses may dispossess the rights holder of their entitlement. Zywicki & Thomas J. vii] Deidrè A. 511, 523 (2012).