> The implication of this would be that foreign artists would have more legal protection and rights in Luxembourg than Luxembourgers.
No, the implication is that if you register your work for explicit copyright protection, you have more legal protection than the unregistered implicit copyright protection.
> As a nitpick, in this post you're saying it's a derived work but in a child comment you're saying it's a transformative work so it's not 'pure copyright infringement'.
Correct. Because it was transformed, it's a derived work.
> the court ruled that the photographer has no rights or protection under copyright law
The court only ruled that the photographer cannot stop the artist by saying this is a direct reproduction of her work, which it isn't. The court may well grant her a revenue share, but that's not what this trial was about.
> transformative enough to be considered fair use
Yeah, transformative is on a spectrum. If it is a bit transformative, you get a derived work. If it is a lot transformative, you get a derived work and the fair use exemption from paying the original artist.
No, the implication is that if you register your work for explicit copyright protection, you have more legal protection than the unregistered implicit copyright protection.
> As a nitpick, in this post you're saying it's a derived work but in a child comment you're saying it's a transformative work so it's not 'pure copyright infringement'.
Correct. Because it was transformed, it's a derived work.
> the court ruled that the photographer has no rights or protection under copyright law
The court only ruled that the photographer cannot stop the artist by saying this is a direct reproduction of her work, which it isn't. The court may well grant her a revenue share, but that's not what this trial was about.
> transformative enough to be considered fair use
Yeah, transformative is on a spectrum. If it is a bit transformative, you get a derived work. If it is a lot transformative, you get a derived work and the fair use exemption from paying the original artist.