“Kukuxumusu”

In the case at hand, the transformation rights assigned regarding the drawings are therefore limited to their animation and adaptation to audiovisual works and the order to cease the acts of transformation of the works to which the assignment in question relates (drawings) must be confined to this specific transformative activity, i.e. animating and adapting audiovisual works of the drawings to which the assignment relates.

There is less margin for the authors of the drawings to make new drawings of these characters in the Kukuxumusu Universe, since the new drawings must be so different that they cannot be considered to amount to plagiarism of those that had been assigned, so as not to infringe the reproduction right under Art. 18 of the Intellectual Property Law. In addition, the authors may not make an animation or audiovisual adaptation of the assigned drawings to the extent that the right to perform this type of transformation was also assigned.