Artist Duijsens creates paintings of big men and women with notably pointy noses. Artist Theo Broeren also creates these type of paintings. Some paintings are so alike that there is an infringement of copyright. In other paintings only some key elements are similar. These cases are not copyright infringements.
In this case both the Court and Court of Appeal find that the two paintings are too alike and rule that there is an infringement. The Court of Cassation disagrees, however.
Styles and trends cannot be protected through copyright laws. This would constitute a severe obstacle in cultural development. It is also not desirable to grant protection through passing off in cases like these. (Source imgae: boek9.nl)
