KAY BOJESEN’S WORKS ARE COPYRIGHT – WHAT DOES THAT MEAN?
Kay Bojesen’s works are protected by copyright under the Danish Copyright Act. This means reproduction and – not least – commercial exploitation of his works are not permitted without prior written consent from Kay Bojesen’s family and the Rosendahl Design Group A/S (the licensee). Violation of copyright may result in legal proceedings.
Naturally, the Bojesen family and the Rosendahl Design Group wish to protect the originality of Kay Bojesen’s designs, protect his works and ensure they are preserved for posterity with the same quality and spirit as when he originally created them.
KAY BOJESEN’S MONKEY IS ALSO PROTECTED BY TRADE MARK REGISTRATION IN THE EU. WHAT DOES THAT MEAN?
Kay Bojesen’s monkey is protected by a 3D trade mark registration in the EU, which means this particular product enjoys extra protection over and above copyright law. Trade mark registration means the shape, appearance and design of the product constitute a trade mark in their own right. Commercial exploitation of copies constitutes a violation of our trade mark rights and may result in legal proceedings.
WHAT ARE THE CONSEQUENCES OF SELLING COPIES OF AND PATTERNS FOR KAY BOJESEN DESIGNS?
The rights to Kay Bojesen’s designs belong to his grandchildren, who have licensed commercial exploitation to the Rosendahl Design Group A/S under the brand Kay Bojesen Denmark. Accordingly, the Rosendahl Design Group A/S is under an obligation to enforce the rights to Kay Bojesen’s designs on behalf of his family in order to protect the originality of his designs, look after his works and preserve them for posterity with the right quality as originally created by him. Therefore, the consequences of unauthorised exploitation of copyright and trade mark rights may be legal proceedings and damages payable to both Kay Bojesen’s grandchildren and to Rosendahl Design Group A/S. Furthermore, the Bojesen family is entitled to royalties from the sale of products based on Kay Bojesen’s works; this also applies to carved copies and crocheted copies of the animals.