Wednesday, May 06, 2020

An Update on the Fairchild Botanical Gardens Infringement Lawsuit

From Amelia Brankov here. Background here. Sounds like the Garden is taking a very aggressive, very artist-unfriendly position:

"Last month, Fairchild moved to dismiss the artist’s lawsuit.  By its motion, Fairchild claims that it cannot be liable for copyright infringement because Munro’s artworks are not copyrightable.  Fairchild argues that Munro claims copyright protection in 'fiber-optic light products' which encompass his sculptural works, but those light fixtures are mere useful articles containing no conceptually separable artistic design features and are thus not subject to copyright protection."