Listening
Unlocking Word Meanings
Read the following words/expressions found in today’s article.
- shabby / ˈʃæb I / (adj.) – looking old, in poor condition, or not well cared for
Example:After months of traveling, his backpack looked shabby with dirt and scratches all over it.
- injunction / ɪnˈdʒʌŋk ʃən / (n.) – an official order to stop doing something
Example:The government placed an injunction to prevent people from building houses in the protected forest.
- copycat / ˈkɒp iˌkæt / (adj.) – made to be very similar to something else
Example:Copycat clothes may look like designer brands, but they are usually made with cheaper materials.
- overturn / ˌoʊ vərˈtɜrn / (v.) – to officially change a decision or judgment so that it’s no longer valid
Example:The referee overturned the goal after reviewing the video footage and spotting a foul.
- individuality / ˌɪn dəˌvɪdʒ uˈæl ɪ ti / (n.) – the qualities that make a person or thing different from others
Example:Maggie’s music has a special style that shows her individuality and creativity.
Article
Read the text below.
Birkenstocks: They are ubiquitous in summer, comfy and very German. Sometimes they look chic and sometimes shabby. But can these sandals be considered art?
That’s the question Germany’s Federal Court of Justice wrestled with in February, and it ruled they’re just comfy footwear.
Birkenstock, which is headquartered in Linz am Rhein, Germany, and says its tradition of shoemaking goes back to 1774, filed a lawsuit against three competitors who sold sandals that were very similar to its own.
The shoe manufacturer claimed its sandals “are copyright-protected works of applied art” that may not be imitated. Under German law, works of art enjoy stronger and longer-lasting intellectual property protections than consumer products.
The company asked for an injunction to stop its competitors from making copycat sandals and order them to recall and destroy those already on the market. The defendant companies were not identified in the court statement.
Before Germany’s highest court for civil trials weighed in in February, the case had been heard at two lower courts, which disagreed on the issue.
A regional court in Cologne initially recognized the shoes as works of applied art and granted the orders, but Cologne’s higher regional court overturned the orders on appeal, the German news agency dpa reported.
The appeals court said it was unable to establish any artistic achievement in the wide-strapped, big-buckled sandals.
The Federal Court of Justice sided with the appeals court and dismissed the case. In its ruling, it wrote that a product can’t be copyrighted if “technical requirements, rules or other constraints determine the design.”
“For the copyright protection of a work of applied art—as for all other types of work—the level of design must not be too low,” the court wrote. “For copyright protection, a level of design must be achieved that reveals individuality.”
This article was provided by The Associated Press.
Viewpoint Discussion
Enjoy a discussion with your tutor.
Discussion A
- Birkenstock claims that its product is a work of art and should not be imitated. However, Germany’s Federal Court of Justice ruled that they are simply comfortable footwear, not art. Do you agree with the court’s ruling? Why or why not? In your opinion, what characteristics must an object have to be considered art? Discuss.
- Under German law, works of art enjoy stronger and longer-lasting intellectual property protections than consumer products. Why do you think that is? How do you think stronger protections for art benefit artists and creators? Should designers of everyday products like shoes or bags get the same copyright protection as painters and musicians? Why or why not? Discuss.
Discussion B
- Birkenstock claimed that its competitors were making copycat sandals and asked for an injunction against them. Why do you think companies copy each other’s designs (ex. they’re trending, lack of new ideas)? Do you believe other companies are just inspired by the original design, or is it stealing? Why do you say so? Discuss.
- In your opinion, is copying always a bad thing, or can it be useful? Why do you say so? Would you buy a copycat product if it looked the same as a famous brand but cost much less? Why or why not? Discuss.
