Copyright Protection for a Work of Applied Art Get access Arrow

Copyright Protection for a Work of Applied Art Get access Arrow

Journal article

1 electronic resource (page 573–580)

Extract Copyright Act Sec. 2(1) No. 4, (2) – Birkenstocksandale [Birkenstock Sandal] Official headnotes (translated from the German by David Wright-Policepayeh) a) A personal intellectual creation within the meaning of Sec. 2(2) Copyright Act is a creation of individual character whose aesthetic content has reached such a degree that, in the opinion of circles receptive to art and reasonably familiar with artistic ideas, it can be considered an artistic achievement. The aesthetic effect of a design can only establish copyright protection if it is based on and gives expression to an artistic achievement. For copyright protection to be granted, there must be creative freedom that is utilised in an artistic manner. There can be no personal intellectual creation where there is no room for artistic design because the design is predetermined by technical requirements. An artistic achievement is no more and no less than a creative, original achievement in the field of art that reflects the individual personality of its author.

Crossref

GRUR International ; 74, 6, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

eng

https://academic.oup.com/grurint/article/72/3/231/6998505

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