For the half-year to 31 December 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Rebecca Gulbul, Lucas Michels and Marie-Andrée Weiss.

Regular round-ups of the previous week's blogposts are kindly compiled by Alberto Bellan.

Monday, 8 November 2004

KISSING FOR COPYRIGHT?


Today the IPKat brings you another artistic curiosity, courtesy of Ananova: an exhibition of French-kissing in downtown Santiago, Chile. Marcela Rosen, 40 and Ricardo Castro, 43, are reported to have shared long passionate kisses on the city's streets, according to local source Las Ultimas Noticias. Passers-by and motorists stopped to watch them and either cheered or booed. The performance, called Public Kiss, was part of the Second International Performance Festival that took place in the city. Mr Castro said the couple had been together for 17 years and added:

"I thought this was the most interesting way to reproduce love through art."
The IPKat assumes that Public Kiss is a dramatic work within the meaning of the Copyright, Designs and Patents Act 1988, but he wonders how much has to be added to a basic kiss before it fulfils any legal criterion of (i) originality and (ii) fixation in a material form that is imposed upon it before it can be regarded as copyright-protected. And here's another legal problem to ponder: would Marcela and Ricardo be joint authors of the entire kiss, or would each be the sole author of a dramatic work consisting of their individual contribution to it?

Why Marcela and Ricardo should keep away from Indonesia and Iran
Less passionate public kisses here and here
Mass public kisses here
Famous copyright-protected kisses here and here
Trade mark kisses here
Patented kiss here

1 comment:

Anonymous said...

Surely, in deciding such questions, you must remember this: a kiss is just a kiss.

So no originality?

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