Is a style protected?

  • RIGHTS

In rechtReeKs the Kunstenbond takes a closer look at a legal issue that is essential to the professional practice of the artist. This time attorney Jet Hootsmans tackles a question she received from an artist who wants to protect his drawing style.

Image: Eveline van de Griend, Cure for Pain
For each column in the rechtReeKs series, the Arts Union chooses an appropriate image created by one of its member artists that has no relation to the issues in the article.

 

Sometimes my questioning is quick. A short email popped up: an artist sent me a question about the importance of renewing the copyright registration on the style of his line drawings, for five years and a fee of 175 euros. Protecting style? Registration of copyright? And for an amount of 175 euros????

Oké, step by step. Back to basics with the first question: can a style be protected?

As I wrote earlier in this column, copyright applies to any work that is even remotely creative and original. Such a work can be anything, a text, music, a film and certainly a line drawing. What is important here is that the protection relates to the creation itself. So on the specific line drawings in this case. A style or method is too general to qualify for protection. Consider pop art, manga or pointillism; several artists create work in this style.

Copyright applies to any work that is even remotely creative and original

That a style is not protected was confirmed by the Supreme Court ten years ago in a case between two artists. Duijsens made paintings of voluptuous ladies and sturdy gentlemen with prominent nose sticking up in bright colors and a distinctive style. She initiated proceedings against Broeren, who made paintings of the same figures in the same style.

That a style is not protected was confirmed by the Supreme Court ten years ago in a case between two artists

On some paintings, Broeren's depiction was almost identical to Duijsens'. The court ruled that these works infringed Duijsens' copyright. Other paintings showed the same figures, in the same style, but in a slightly different setting. For example, the ladies were seated at the table differently than shown in Duijsens' work. The Supreme Court ruled that this was permissible. The paintings were similar only in style. The fact that the style imitation was unnecessary and that possible confusion was not relevant. Broeren was allowed to make the paintings.

For the line drawings, this means that their style is free to use. Someone may make their own drawings in exactly the same style.

Can broader protections then be createdëered by registering the work? Unfortunately, not that either. Observant readers may remember that I also wrote earlier that copyright automatically arises from the creation of a work. You don't have to apply or register anything for it.

What matters is capturing evidence

Still, it may make sense to register your work, for example, if iDepot at the Benelux Office for Intellectual Property. It doesn't get you a copyright, after all, that's already created by itself. What matters is capturing evidence.

Registration is a legal means of proof by which you record that a work existed at a particular time. It gives you a recognized date stamp. This can be useful if you find yourself in a copyright dispute. If someone counterfeits your work, or you yourself are accused of counterfeiting, you can prove that you are the one who registered the work and also, for example, that the work is older than the other person's work.

Want to protect your work? Keep as much information as possible that demonstrates its creation, for example, sketches, brainstorms, emails, etc. Preferably with a date. This helps show that and when you created the work. If you want more certainty, register it as iDepot. You can do this yourself in a file up to 100 MB. The cost is 37 euros for five years and 26 euros for renewal.

These amounts are in stark contrast to the aforementioned amount. Therefore, despite the fact that the protection did not go as far as the questioner had hoped, the decision to take care of the registration himself from now on was quickly made.

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