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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

Ana Reyes, a Filipino painter, signs an exclusive license with PixelForge to reproduce, distribute, publicly display, and create derivative works of her painting 'Dawn Over Manila' for five years within the Philippines. The contract requires Ana's name to be credited as the author whenever the works are publicly displayed. PixelForge develops an interactive digital gallery that overlays motion graphics onto the painting; some displays credit Ana prominently on the main screen, others place attribution on a separate about page, and several frames omit attribution entirely. An online version of the derivative also fails to consistently credit Ana. Ana sues for copyright infringement and for violation of moral rights. (a)Identify the rights involved and who holds them in this arrangement. (b)Distinguish the controlling rule regarding the author’s moral rights (right of attribution and right to integrity) in relation to a license to create derivative works. (c)Apply the rule to the facts: Has PixelForge’s use violated Ana's moral rights? What remedies are available to Ana?

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Attribution may be satisfied by listing the author on a separate about page rather than on the artwork itself; this complies with the attribution requirement. Injunctive relief is not available for violations of moral rights; the remedy is limited to monetary damages. PixelForge's exclusive license to derivative works transfers both economic rights and the author’s moral rights, allowing PixelForge to alter attribution as needed without consequence. PixelForge holds the economic rights to reproduce, distribute, publicly display, and create derivative works; Ana Reyes retains the moral rights (right of attribution and right to integrity); The license to create derivative works does not transfer or extinguish moral rights; Inconsistent attribution and distortions in the derivative violate those moral rights; Remedies include injunction to stop displays, orders for accurate attribution on all displays, and damages (including moral damages) for the violation.

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