COPYRIGHT | The Court of Turin on copyright and design protection on an ‘open-air sculpture’

On 16 July 2024, the Court of Turin handed down its judgment No. 4080/2024 on the dispute aimed at ascertaining whether the famous installation “la vigna dei pastelli” (“Work”), should be protected as an open-air sculpture protectable under Article 2(4) of Law no. 633/1941 (“Italian Copyright Law”) or as a work of industrial design falling within the scope of Article 2(10) of that provision. Notably the Work consists of an installation of poles worked and painted in the form of giant pencils in a vineyard located in the famous Langhe region. The Court held that the mere arrangement of coloured pencil-shaped sticks could not be considered sufficient to meet the requirement of creativity laid down by Italian Copyright Law. Furthermore, the Court also ruled out the possibility of classifying the Work as a work of industrial design, which requires not only the existence of creativity – which was already lacking in this case – but also the profile of artistic value. Notably, the latter can be established by means of objective indicators such as recognition by cultural circles of the existence of aesthetic and artistic qualities, exposure in exhibitions or creation by a renowned artist.

Newsletter n. 99 – August/September 2024