- Basics of Copyright
- 1. WHERE... is the work used and which national law is applicable?
- 3. WHO... owns the copyright in the work?
- 4. WHICH... rights in the work are protected?
- 5. HOW... may other people use a work?
- 5b. HOW ... can other people use a work? - Contractual licenses
- 6. AND... responsibility and sanctions?
2.2.6 Works of applied art
Pursuant toArt. 2 para. 2 (f) CopA, works of applied art may enjoy copyright protection if they are intellectual creations with an individual character and are perceptible to the senses as specified in Art. 2 para. 1 CopA. Works of applied art are generally art objects which, despite their aesthetic artistic worth, have a particular purpose. They could be industrially manufactured art works or models thereof for further reproduction; however, they could also be art works which are meant to be everyday objects (functional design, industrial design).
Well-known examples of such works are dishes from a porcelain manufacturer (e.g. Meissner porcelain) and recognised furniture designs such as the Bauhaus design or those of the architect Le Corbusier.Every individual case of works of applied art needs to be checked to ensure that it shows the required individuality. As industrial products and everyday objects are regularly similar, adhere to particular formats and styles and, if necessary, are even defined by regulations, there is not necessarily a lot of leeway for personal creativity. A work is basically only protected when it stands out completely in terms of its design from the normal standard design of similar objects.