Danish Supreme Court says newspaper did not violate copyright of Little Mermaid statue; AP, May 17, 2023

AP ; Danish Supreme Court says newspaper did not violate copyright of Little Mermaid statue

"Denmark’s Supreme Court on Wednesday overruled two lower courts, saying a cartoon depicting Copenhagen’s The Little Mermaid statue as a zombie and a photo of it with a face mask did not violate the copyright of the famous bronze...

Copenhagen’s district court and the Eastern High Court found in 2020 and 2022 that the cartoon and the photo were infringements of the Danish Copyright Act, and ordered the newspaper — one of Denmark’s largest — to pay the heirs of Danish sculptor Edvard Eriksen thousands of kroner in compensation.

On Wednesday, the Supreme Court said “that neither the caricature drawing nor the photograph of The Little Mermaid with a mask on, which was brought to Berlingske in connection with newspaper articles, infringed the copyright of the heirs to the sculpture The Little Mermaid...

The heirs are rigorous in enforcing the copyright to the sculpture, which runs until 2029, 70 years after Eriksen’s 1959 death. Several publications have been charged with copyright infringement over the years after publishing pictures of the artwork."

Copyright Cops Go After Town For Creating Little Mermaid Statue; Tech Dirt, 7/31/09

Mike Masnick via Tech Dirt; Copyright Cops Go After Town For Creating Little Mermaid Statue:

"Dan sends in yet another story about copyright gone wrong. Apparently the small town of Greenville Michigan has a strong Danish heritage, and wanted to show that off with some artifact representing Denmark. It chose the iconic Little Mermaid statue, based on Hans Christian Andersen's story, and a similar iconic statue in Denmark. Apparently, however, the family of the artist who created the statue in Denmark is trying to clamp down and is demanding a lump sum payment or that the statue be taken down. The actual artist died in 1959... but thanks to recent extensions in copyright (yippee), copyright now lasts life plus seventy years.

Of course, I'm wondering if the statue even violates the copyright at all. While the town says it was inspired by the one in Denmark, the actual statue is different:

At about 30 inches high, it's half the size of the original and has a different face and other distinct features, including larger breasts. "We've gotten a lot of heat about that too," he says.

Considering that so much of the statue is different, is it even a copyright violation at all?"

http://www.techdirt.com/articles/20090731/0337175728.shtml