The Court in Denmark has ruled in a case concerning a copyrightable work transformed into another work. The case at hand focus our attention on the following painting by artist Tel R:
This painting has been purchased for $90 000 by Dann Thorleifsson and Arne Solmunde Leivsgarð, founders of the watch manufacturer company Letho.
They launched a campaign where the winners can order watches, which dials are made of small painting parts.
According to the artist, this was a completely new way of using of his painting that transforms the original work. He claimed that copyright permission for such use was needed.
The Letho’s position was that in this case there was a destruction of the work which according to the Danish law does not constitute copyright infringement.
The court ruled that there was a copyright infringement because the painting was made available to the public in a changed form, which requires copyright permission.