In a recent landmark ruling, the Court of Justice of the European Union (CJEU) made a major change in how works of applied art – think designer furniture, sculptures, and other creative items – receive copyright protection across the EU. 

The ruling says that as long as a creative work meets EU copyright standards, it must be protected – no matter where it comes from or who made it. This decision overturns an old rule called the “material reciprocity test.” 

So, what does this mean for artists and creators? 

Goodbye to the Material Reciprocity Test

For years, there was a rule in place that applied the “material reciprocity test.” Essentially, this meant that if a work of applied art was not protected by copyright in its home country, it would not get protection in the EU either. This created a bit of a mess, especially for artists from countries with stricter copyright laws, where their works were not always granted the same protections in the EU as other artists.

The CJEU has put an end to this, ruling that the EU will now protect works of applied art as long as they meet EU standards. This new ruling stands regardless of whether the works are protected in the creator’s home country. This is a big deal for international artists and creators (for example, those from the US) who might have struggled to enforce their rights in the EU before. 

Copyright Protection Across Borders

In practical terms, this means that artists from outside the EU who create works of applied art can now claim and enforce their copyright in the EU. Again, this even stands if their work is not protected in their home country. 

So, if you are an American artist and your work is not getting protection here in the States, the EU now has your back. The same copyright rules will be in effect for applied art from all over the world, meaning no more confusion or different standards across different EU countries.

This ruling removes barriers for creators looking to protect their works across the EU, ensuring more consistent and fair copyright protection. So, whether you are in Paris, New York, or anywhere in between, if your applied art meets EU standards, it is now officially protected in the EU — no matter where you come from.