Now also from France: confirmation of copyright on the Hang

In its extensively reasoned decision (see: link to judgment (English, unofficial translation)), the French court of second instance first states that the HANG is protected by copyright not only in France, but also in Germany, Spain, the Netherlands, Italy and Ireland:

"The elements presented by the appellant allow the court to consider the sound sculpture Hang as a work of applied art. The musical instrument Hang, which differs from its predecessors, may have a utilitarian character, but it has been sufficiently established that its form is not exclusively determined by its technical function, but is the result of creative decisions made by its creators in a long process that led to the creation of several prototypes.

(…)

From this it follows that the sound sculpture Hang can claim copyright protection in the various countries mentioned above."

In a second step, it found that numerous specific products infringed the copyright on the Hang and prohibited the marketing of the products shown below, stating:

"In view of these strong similarities in the design features, the challenged sound sculpture produces the same overall impression, despite minor differences such as the colour of the product."

Furthermore, the court – based on unfair competition law – has prohibited the other party from using drawings of the HANG in the following logos, which were displayed on websites, for example:

Since the opposing party did not defend itself against the appeal, we consider it very unlikely that it will seek legal recourse against this decision.

PANArt's lawyers have brought this French decision to the attention of the Swiss Federal Court, which is currently deliberating on the appeal against the Bernese judgement on the HANG. In the Bernese judgement, as is well known, the copyright was confirmed not only under Swiss law, but also – as in the case of the French court of second instance – under German and Dutch law.