Denmark’s Supreme Court on Wednesday overruled two lower courts, saying a cartoon depicting Copenhagen’s The Little Mermaid statue as a zombie and a photo of it with a face mask did not violate the copyright of the famous bronze.
FILE - People enjoy the warm sunny weather on a bench in front of the little mermaid statue in Copenhagen, Denmark, on June 10, 2021. Denmarks Supreme Court on Wednesday May 17, 2023 overruled two lower courts, saying a cartoon depicting Copenhagens The Little Mermaid statue as a zombie and a photo of it with a facemask did not violate the copyright of the famous bronze. –
Copenhagen’s district court and the Eastern High Court found in 2020 and 2022 that the cartoon and the photo were infringements of the Danish Copyright Act, and ordered the newspaper — one of Denmark's largest — to pay the heirs of Danish sculptor Edvard Eriksen thousands of kroner in compensation. The daily's chief editor, Tom Jensen, had argued that the paper had used the image of The Little Mermaid for noncommercial purposes.“It would have been a problem for the freedom of the media to do what we were created to do — namely to run a journalistic business, including satirical cartoons — if we had been convicted," Jensen said.
The heirs are rigorous in enforcing the copyright to the sculpture, which runs until 2029, 70 years after Eriksen’s 1959 death. Several publications have been charged with copyright infringement over the years after publishing pictures of the artwork.
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