Italian court recognizes copyright protection for artistic installation in Bayer plagiarism case

In a landmark ruling on February 9, 2016, the Milan Tribunal recognized copyright protection for a creative artistic installation. The installation, created in 2007 by Gianluigi Ruju and Giuseppe Iavicoli as part of the Puzzle4Peace project, consisted of three-dimensional puzzle-shaped lamps interlocked to form a large white wall with one or more red tiles that illuminated, creating special effects. In 2013, the artists, together with Scart-i Onlus, sued Bayer and its advertising agency for producing a 2011 television commercial that they claimed plagiarized their installation. The court found that the commercial reproduced all the characterizing elements of the work, resulting in the same visual/communicative impact, and thus constituted plagiarism. The judges applied the principle that creativity is not excluded by the use of simple ideas within the intellectual heritage of experienced persons. The court held both the advertising agency and Bayer liable, as companies using intellectual works must verify third-party rights. Damages were calculated using the 'price of consent' criterion, ordering the defendants to pay what the artists would likely have charged for authorizing use of the work. The decision provides guidance on derivative works versus mere inspiration, commissioned works, and the duty of diligence for those commissioning creative works.