Flashcards Studio

Lina Cruz, a Filipino painter, signs an exclusive license with Vista Media to reproduce, distribute, publicly display, and create derivative works of her painting Nocturne Over Manila for five years within the Philippines. The contract requires Lina’s name to be credited as the author whenever the works are publicly displayed. The license also allows Vista Media to develop derivative installations, including digital overlays and immersive environments. Vista Media launches an immersive gallery where the painting is overlaid with digital elements; some frames display the artwork with attribution only on a separate about page, while others omit attribution entirely. An online campaign uses the derivative work with the credit line altered to “Artwork by Nocturne Over Manila” or omitted. Lina 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 Vista Media’s use violated Lina’s moral rights? What remedies are available to Lina?