Birkenstock: one of the most popular sandals in the summer, comfortable and very German. Sometimes they look elegant, sometimes simple. But can these sandals be considered works of art?
The Federal Court of Justice in Germany ruled that Birkenstock sandals are simply comfortable shoes and cannot be copyrighted as works of art.
Birkenstock, based in Linz am Rhein, Germany, and with a manufacturing tradition dating back to 1774, sued three competitors who produced similar sandals, arguing that their design was a "work of applied art" and could not be copied.
Shën.ed. "Applied art" is a work that combines artistic elements with practical function. Unlike pure art (such as painting or sculpture), applied art includes objects created for everyday use, but that also have an aesthetic or creative value.
Initially, a court in Cologne accepted Birkenstock's request, but the highest court rejected the decision, stating that the sandal design did not contain any artistic value.
The court argued that a product cannot be protected by copyright if its design is determined by technical and functional factors. For a work of applied art, the design must demonstrate individuality.
Source: CNN
