The Supreme Court allows Mikel Urmeneta to draw characters from the “Kukuxumusu Universe”
The Civil Chamber of the Supreme Court has rejected the appeal filed by Kukuxumusu Ideas SL against the ruling of the Provincial Court of Navarra that studied the limits to the scope of the transfer of rights made to said company by the creator of the Kukuxumusu Universe characters, Mikel Urmeneta.
The Supreme Court confirms that Urmeneta will be able to make new drawings of the characters “as long as they are different enough to not be considered a plagiarism of any of those transferred.”
In 2016, Urmeneta started a business initiative called Katuki Saguyaki, together with other defendant cartoonists, which made use of drawings whose intellectual property rights had been assigned to Kukuxumusu.
The Court now distinguishes between the drawings (which were transferred) and the characters (which were not). The Supreme Court notes, however, that the margin left to the authors of the drawings (Mikel Urmeneta and the rest of the illustrators) to make new drawings of these characters from the Kukuxumusu Universe is “reduced”, in that the new drawings ” They must be so different that they cannot be considered a plagiarism of those that had been transferred”, so as not to infringe the right of reproduction of the Intellectual Property Law.
Source: Eitb

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