Are American works of applied art also protected by copyright in Belgium?

On Oct. 24, 2024, the Court of Justice of the European Union (CJEU) issued a important judgment (C-227/23) delivered in copyright On the Protection of (Foreign) Works of Applied Art within the European Union.

Background

The Swiss company Vitra holds the copyright to a chair designed by the now deceased American couple Charles and Ray Eames. Kwantum, a furniture chain operating in the Netherlands and Belgium, marketed a chair called "Paris chair", which, according to Vitra, infringes its copyrights. Vitra then initiated proceedings in the Dutch courts with the aim of having the sale of the "Paris chair" stopped.

The Supreme Court of the Netherlands posed preliminary questions to the ECJ on the protection of a work of applied art originating from a third country (here: the United States) and whose author is not a national of an EU Member State.

Prejudicial question

According to the Bern Convention (in force both within the EU and the United States), authors from signatory countries enjoy the same rights as national authors in other signatory countries. However, there is an exception for works of applied art: if they are protected in their country of origin exclusively as drawings or designs (as is the case in the United States), they cannot also claim copyright protection in other countries.

The question was whether EU member states may apply this reciprocity clause to works of applied art from third countries (here: the United States), despite the absence of such a restriction in EU law.

Judgment of the Court

The ECJ held that within the scope of Information Society Directive 2001/29/EC EU member states are no longer competent to apply the Berne Convention reciprocity test. The directive provides for harmonization of copyright within the internal market and does not contain criteria relating to the author's country of origin or nationality. Application of the reciprocity clause would undermine this objective. Moreover, Article 17(2) of the Charter of Fundamental Rights of the EU that restrictions on intellectual property rights must be established by law, which is the exclusive competence of the EU legislature.

Conclusion

This ruling highlights the need for member states to protect works of art within the EU, regardless of the author's country of origin or nationality, in accordance with EU law.

EU Member States (such as Belgium) can therefore no longer invoke the Berne Convention to derogate from obligations under EU directives. Specifically, they may not apply the reciprocity clause to works of applied art originating from third countries, such as the United States.

Take contact with our attorneys specializing in copyright law to answer your questions about the protection in Belgium of works of applied art originating outside the European Union.