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Not ok to chop up painting: Danish court puts stop to watch wind-up

A Danish artist has won an injunction against Faroese watch makers who wanted to repurpose one of his canvases as a range of designer timepieces.

Not ok to chop up painting: Danish court puts stop to watch wind-up
Arne Leivsgard takes in 'Paris Chic'. Photo: Ida Marie Odgaard/Ritzau Scanpix

The artist, Tal R, successfully appealed to courts to prevent Faroese pair Dann Thorleifsson and Arne Leivsgard from destroying one of his paintings and using the pieces to make watches – which would then be sold off at a profit.

The Maritime and Commercial Court (Sø- og Handelsretten) in Copenhagen ruled on Monday in favour of Tal R.

As a result, Thorleifsson and Leivsgard have been forbidden from going ahead with their art-repurposing project and must also pay pay 31,550 kroner in legal costs, news agency Ritzau as well as British newspaper the Guardian reported on Monday.

The court found that, by altering rather than destroying the art, Thorleifsson and Leivsgard’s plan was in breach of copyright laws.

‘Paris Chic’, part of Tal R’s ‘Sexshops’ series, was purchased in London for £70,000 (610,000 kroner) earlier this year by the Faroese pair.

Thorleifsson and Leivsgard founded a watch company, Kanske, five years ago but are also known as art provocateurs.

They planned to cut up Tal R’s painting and use the pieces as the faces in a line of designer wristwatches made for their new brand, Letho.

Between 200 and 300 watches would have been made and sold on for at least 10,000 kroner a piece, resulting in a profit of up to 4 million kroner.

But they have asserted that art, rather than profit, is their primary motive for making the watches.

“This is a modification. Not plagiarism and not a copy. It is an original that has been worked on to create something new. That's the storytelling we're working on,” Thorleifsson told newspaper Berlingske.

Tal R has said the matter makes him “sad”.

“I see it as someone trying to make money and get attention by making a product out of my art, and that frankly makes me sad,” the artist wrote in comments given to newspaper Politiken last week.

“He acknowledges that whoever purchases one of his works would be at liberty to sell it on or even destroy the work,” the artist’s lawyer, Jørgen Permin, said in October.

“But what he is not obliged to accept is for someone to alter the work and then reintroduce it to the public domain, and particularly not for commercial reasons,” Permin added.

Last week, the parties presented their views to the Maritime and Commercial Court. Judge Mads Bundgaard Larsen has subsequently concluded that a temporary ban should be imposed on cutting up the work for the Letho pair’s intended purposes.

They are “prohibited from cutting, shredding or otherwise changing the painting ‘Paris Chic’ “for use in the manufacture, marketing and supply of watches in Denmark”, the court order states.

Tal R can make the temporary ban permanent by bringing a legal case within the next two weeks, while Thorleifsson and Leivsgard can appeal such a decision, Ritzau reports.

Their lawyer, Heidi Højmark Helveg, told the news agency that they were yet to make a decision in this regard.

READ ALSO: Danish painting sells for record-breaking 31.5 million kroner

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Denmark proposes new law to make Facebook pay for news and music

The government is to forward a bill on Friday proposing tech giants such as Facebook and Google pay Danish media for using content on their platforms.

Denmark proposes new law to make Facebook pay for news and music
File photo: Regis Duvignau/Reuters/Ritzau Scanpix

The proposal will also mean platforms used to share media, such as YouTube, will be required to make agreements with rights holders in order to display videos or music, the Ministry of Culture said in a statement.

A comparable law recently took effect in Australia, resulting in all news pages being temporarily blocked for Facebook users in the southern hemisphere country.

READ ALSO: Could Denmark force Facebook to pay for news content?

“The media plays a central role in our democracy and ensures that public debate takes place on an infrormed basis,”culture minister Joy Mogensen said in the statement.

“If the media are to be able to continue making journalism, they should of course be paid for its use,” she added.

The proposal will provide for rights holders such as musicians or media outlets to be given a new publishing right which will enable them to decide who can use their content.

As such, companies like Facebook and Google will need permission to use the content online.

The Danish proposal builds on an EU directive which gives individual media outlets the right to agree deals with tech giants.

The bill put forward by Mogensen will allow Danish media to make a collective agreement with the tech companies providing for payment when their content is used.

An interest organisation for Danish media companies has backed the proposal.

“We have wanted to be able to enter collective agreements with tech giants because that would strengthen the media companies’ position,” Louise Brincker, CEO of Danske Medier, told newspaper Berlingske. Brincker noted she had not yet read the full proposal.

Media will not be obliged to make agreements with the tech companies, however. Complaints to the Danish copyright board, Ophavsretslicensnævnet, will be possible under the new law, should it be passed by parliament.

The bill will become law on June 7th should it receive the backing of a parliamentary majority.

Both Facebook and Google decline to comment to Berlingske on the matter, stating they had yet to see the bill in full.

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