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Download checkered volkswagen7/31/2023 ![]() ![]() ![]() It is hence sufficient that they attain a level of creativity that allows a public open to art and relatively familiar with views on art to justifiably speak of 'artistic' creations". In 2013, however, the Federal Court of Justice expressly changed its jurisprudence, holding that "in general, the copyright protection of works of applied art is not subject to other requirements than the copyright protection of works of non-utilitarian fine art or of literary or musical creation. For many decades, courts imposed a higher threshold of originality on works of applied art than on works of fine art ("two-tier theory"). Fine art is distinguished from applied art by its lack of a utilitarian purpose. "Works of fine art", as defined in § 2(1)(4) of the 1965 Act on Copyright and Related Rights (Gesetz über Urheberrecht und verwandte Schutzrechte) (UrhG), is a catch-all term for works of fine art in a stricter sense, works of applied art, and architectural works. ![]()
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