Upphovsrättsligt skydd för alster av brukskonst - några reflektioner i ljuset av Mini Maglite-avgörandet

Sammanfattning: In this thesis the main purpose is to investigate the copyright protection for applied art. The Swedish copyright gives protection for literary and artistic works and applied art is specifically listed as a protected category in the exemplification in the law. In the past decades it has been stated that the requirements for copyright protection of applied art have been reduced to the same level as before 1970. From 1970 and forward there are only a few cases from the Swedish Supreme Court which can help illustrate how the demand of originality is met for applied art. The most recent precedent is the Mini Maglite case (NJA 2009 p. 159) where the Supreme Court states that the level of the requirements for copyright protection of applied art indeed have been reduced but not to the same level as it was before 1970. This thesis aims to investigate which requirements are needed for copyright protection of applied art and to analyze cases from lower courts, which will help shed some light of the requirements needed and of the scope of protection, especially after the Mini Maglite case. Applied art comes in many shapes and in the underlying motives to the Swedish copyright law glass, ceramics, porcelain, textiles and fashion goods, furniture etc are given as examples. In other words applied art can be described as useful art where products are considered to have a practical side alongside of the artistic. As a requirement of copyright protection there needs to be a certain degree of individual distinctiveness and originality which are determined from certain criteria and help rules. The succeeding cases which are analyzed cannot with certainty conclude the level of originality for applied art. Together with the opinions from Svensk Forms Opinionsnämnd (a Copyright Panel within the Swedish society of Crafts and Design) they can help to determine the level of the requirements needed for copyright protection for applied art.