The underwear manufacturer Triumph makes "intellectual property rights" asserted on the underwear in a lady gaga video
In the stucco Videophone Stefani Germanotta sings ("Lady Gaga") Together with Beyonce Knowles over the self-arc of the female body via camera. However, it was not the text, but the video clip to the stucco, who brought the Sony Group a lawsuit that was negotiated yesterday.
In the clip, Among other things, Beyonce Knowles, among other things, carries a black-weave combination of slip, bra, bangles and glasses, which the company Triumph International reminded of a creation that the Bulgarian designer Iskren Lozanov submitted to a competition organized by the underwear manufacturer and in the Italian Vogue was pictured.
Triumph turned to the Sony Group, who marketed the music stuck, and negotiated one month over a consideration for the use of the design. Origent did not want any money, but the commitment that Beyonce Knowles should participate in the jury of the next underwear competition. But that did not want Sony, which is why triumph the group finally warls and at the 18th. December, citing the Asterix case-law an interim injunction took over which the 7. Civil chamber of the district court Munche I had to decide.
The sub-wash recreation of Iskren Lozanov. Image: Triumph International
The triumph representatives referred to the negotiation on the million sums that the Group invests in the fashion designer competition, which is held every year in different countries and won the Lozanov 2009 with his black and sowing model in Bulgaria. Another sanger, Katy Perry, before using a subwear product of the company "Cooperation" submitted what Sony has been reasonable.
By contrast, the lawyer of the media and electronics company brought a whole series of details in which the two creations differ: so soft Lozanov Hoschen among other things through an eye and his bra through one "Phallusformige application" from the combination carried in the music video. The bangles also distinguished clearly from those of the Bulgarian, and the sanger in the video boots are carried out instead of suspenders. Really similarly seen, only the wife were bordered eyewear, which, however, were not copyright, but highly utility pattern protection.
Beyonce Knowles in the clip too "Videophone"
The detailed details impressed the judges little: they went from one "Overall impression" out – and the love of your view does not quite the old one compared to the new work "pale", like this the comments for one "Free editing" demand. One "unfree processing", However, as the court saw you exist instead, however, is only permitted with the approval of the right holder of the alter work.
In this decision, the copyright chamber considered that the model of the Bulgarian in pattern and shape design "very far from the good" and the craftsmanship clearly survived. Due to this originality, it also increased the scope of protection, so that for its injury does not necessarily have to be an identical supposition. The argument presented by the Sony-laws that the Bulgarian is also visibly influenced by Pablo Picasso, the judges did not consider the obstacular obstacle, as they are no direct suppure, but only "Suggestions" recognized.
The Sony lawyer was still experiencing the negotiation in a negative decision to vocation. An exception made in this context of him, which apparently should discourage the opposing party, was also allowed to be interested in YouTube or FileSharing users: then the song is due to the "Short loyalty in the music business" anyway soon "by", While Sony the video, then his statement "none have more" Will, just go back.