Ukrainians were massively struck by recent news in the field of art. Jeff Koons, an American artist and kitsch lover, installed a huge statue of a ballerina. And everything seems to be beautiful and unusual, if not for a few "but." Firstly, the ballerina is inflatable. And, secondly, this ballerina is a huge copy of the statuette of "The Ballerina Lenochka" of the times of the USSR. What should be our view of this installation? Is this an art project bringing beauty to the world or gross copyright infringement of the famous Ukrainian sculptor? These and other questions will be answered by the lawyers of the international law firm "KODEX" and will bring the largest developers of America to their knees!!!
Before talking about Zhnykrup‘s Oksana copyright infringement it is necessary to find her successor and the duration of such rights. In accordance with the provisions of the Berne Convention, to which the United States and Ukraine are parties, copyright acts throughout the life of the author and 50 years after his death, arising from the moment of its creation. On the basis of available information the statuette was created in the period from 1960 to 1975. Consequently, the successors retain the copyright to the statuette "The Ballerina Lenochka." At the moment we are engaged in identification of legal right holders whose rights were violated by Jeff Koons," says Yuliia Shapovalova, Director of the Department of Intellectual Property of the international law firm KODEX.
According to the official website of the Rockefeller Center business center, the installation of Seated Ballerina by Jeff Koons is based on stainless steel sculptures which Koons previously created as part of his collection "Antiquity". In turn, the collection was modeled on the basis of porcelain figures. In addition, the installation has a social message, timed to the National Month of Missing Children, and calls for help to the International Center for Missing and Exploited Children.
Yevgenii Kovtunenko, managing partner of the international law firm "KODEX", unequivocally stated: "Undoubtedly, in order to identify copyright infringement, it is important to determine whether this installation has a commercial purpose. First the collection of the stainless steel figurines, which can be bought by the way, has been created, and then the installation was organized in a very public place. Considering the above-mentioned this is nothing but PR, direct advertising of the product that will be sold. Even if you imagine that the installation "The Seated Ballerina" does not have a commercial purpose, the name of Jeff Koons is advertised anyway, and the name is a brand (quite well-known) under which Koons, in one way or another, sells its artworks and makes money with these".
"In addition, the location of the installation tells us a lot, namely, it is the target audience of consumers. A huge business center where, among other things, there are a lot of shopping and entertainment venues. Not only Jeff Koons should be held accountable for Znykrup‘s Oksana copyright infringement but also the owners of the building, the largest developers of America on whose territory the ballerina was placed. This installation brings benefits to all, both its creator and owner. The idea is simple - Koons receives potential buyers of his art, and the owners receive potential consumers of goods and services concentrated in the building, as there are many people that want to gaze at the installation. And the "social purpose", ostensibly in defense of children, is more about the exploitation of the work of our Ukrainian sculptor and the name speculation of the International Center for Missing and Exploited Children. A noble cause can’t be achieved through deception and plagiarism," Evgenii Kovtunenko continues to substantiate his position.
The conclusion is: in the context of the foregoing, we already can talk about the violation of an author‘s property copyright, and this is only a preliminary analysis. In this case, violators can face fines of billions. And, in addition, there is no need for special evidence and reasoning to recognize the violation of the personal non-property rights of the author (Zhnykrup Oksana) of the porcelain figurine. Namely: to require the recognition of their authorship by properly indicating the author‘s name, to demand preservation of the integrity of the work and to counteract the distortion, distortion or other alteration of the work or other encroachment on a work capable of damaging the author‘s honor or reputation.
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