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Luxembourg is a signatory to the Berne Convention, which requires automatic registration of copyright and forbids requiring formal registration. (The US was a l
by djur 4y ago
Luxembourg is a signatory to the Berne Convention, which requires automatic registration of copyright and forbids requiring formal registration. (The US was a late signatory to the Convention and arguably is still in violation.) Author's rights under Berne include an exclusive right to reproduction of the work or any derivative works.
The painting is obviously derived from the photograph. The defendant's lawyers didn't even bother to argue otherwise; anybody with eyes can see. I would also argue that a photograph that apparently can be turned into Turandot by the addition of a sword hilt and an earring can't be that generic.
The article you link was cited in the original thread and completely lines up with the photographer's claims. None of your additional claims from this comment are in the article, so I'm not sure why you're citing it.