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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

Isla Santos, a Filipino painter, signs an exclusive license with Brightline Exhibitions to reproduce, distribute, publicly display, and create derivative works of her painting Nocturne Over Manila for five years within the Philippines. The contract requires that Isla’s name be credited as the author whenever the work is publicly displayed. Brightline launches a multimedia gallery featuring projection overlays and 3D-printed replicas; some displays credit Isla in the main title screen, others place attribution on a wall plaque, and several frames omit attribution entirely. Brightline also releases an online video compilation that uses the derivative works but fails to consistently credit Isla. Isla 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 Brightline’s use violated Isla’s moral rights? What remedies are available to Isla?

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Moral rights can be waived by contract, so the license to create derivative works eliminates Isla’s right of attribution and right to integrity. Attribution is required only for the original display of the painting; derivative displays are exempt from attribution, so miscredit in derivative formats is not actionable. Isla Santos holds both the moral rights (right of attribution and right to integrity) and the economic rights in Nocturne Over Manila; Brightline’s inconsistent attribution and use of derivative formats without proper attribution violate her moral rights, and the exclusive license does not extinguish moral rights; Isla may seek an injunction to compel attribution on all displays, as well as actual damages and moral damages, plus attorney’s fees as allowed by law. Brightline’s exclusive license to reproduce and create derivative works transfers Isla’s moral rights to Brightline, so there is no actionable violation of moral rights.

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