Copyright is not an exact science in the Netherlands. In court there has been a lot of discussion whether the Fatboy deserves copyright protection or not. A brief overview of the ever changing case law with regard to the famous seat cushion. Fatboy the Original: copyright-protected or not?
No: Court of The Hague in september 2005. The design of the Fatboy is nothing more than an enlargement of an ordinary pillow stitched with a double edge. Magnification as such is not an expression of creative effort.
Yes: Court of Den Bosch (June 2007):“The combination of the large size, rectangular shape, the English seam providing a wide border around the seat cushion, the shiny nylon fabric and a striking label creates a copyright protected work.” The interlocutory proceedings judge of the court of Haarlem agreed with the Court of Den Bosch. No: The interlocutory proceedings judge of Den Bosch (June 2008): The Fatboy lacks originality because the design of the Fatboy is a carbon copy of a picture of the "Airbag" - another seat cushion. Shame on Fatboy! In March 2009 the district court of Haarlem totally agreed with the Den Bosch judgment.
Yes: Court of appeal of Den Bosch 16 February 2010. Although Fatboy has the basic form of an ordinary pillow the specific design characteristics differ from the form of other pillows that were common at the time the Fatboy was designed. The Fatboy, in its final appearance, was not copied from a photo of the "Airbag". Therefore: copyright-protection. The saga continues....
Daniel Haije, expert on Dutch copyright law
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Copyright is not an exact science in the Netherlands. In court there has been a lot of discussion whether the Fatboy deserves copyright protection or not. A brief overview of the ever changing case law with regard to the famous seat cushion. Fatboy the Original: copyright-protected or not?
No: Court of The Hague in september 2005. The design of the Fatboy is nothing more than an enlargement of an ordinary pillow stitched with a double edge. Magnification as such is not an expression of creative effort.
Yes: Court of Den Bosch (June 2007):“The combination of the large size, rectangular shape, the English seam providing a wide border around the seat cushion, the shiny nylon fabric and a striking label creates a copyright protected work.” The interlocutory proceedings judge of the court of Haarlem agreed with the Court of Den Bosch. No: The interlocutory proceedings judge of Den Bosch (June 2008): The Fatboy lacks originality because the design of the Fatboy is a carbon copy of a picture of the "Airbag" - another seat cushion. Shame on Fatboy! In March 2009 the district court of Haarlem totally agreed with the Den Bosch judgment.
Yes: Court of appeal of Den Bosch 16 February 2010. Although Fatboy has the basic form of an ordinary pillow the specific design characteristics differ from the form of other pillows that were common at the time the Fatboy was designed. The Fatboy, in its final appearance, was not copied from a photo of the "Airbag". Therefore: copyright-protection. The saga continues....
Daniel Haije, expert on Dutch copyright law