The sculpture of The Little Mermaid in Copenhagen, Denmark is internationally recognised. It was created by Edvard Ericksen and unveiled in 1913. It was inspired by the fairy tale of the same name written by Hans Christian Andersen. You kind find out more here – https://en.wikipedia.org/wiki/The_Little_Mermaid_(statue) .

The statue is a work of art protected by copyright. The legal rights given by copyright in the sculpture are now owned by the estate of Edvard Ericksen.  These are asserted to exist until 2029 when the period of copyright protection runs out. The estate has been diligent in seeking to enforce these legal rights so as to protect the Ericksen legacy and any income derived from it.

 Recently, the estate took court action against Berlingske, a Danish newspaper, for publishing satirical cartoons using the image of The Little Mermaid. According to reports of the case, the cartoons were found to be infringements of the Danish copyright law. The court imposed a fine of 300,000 Kroner (approx£34,000).

Another objection by the Ericksen estate was to a mermaid sculpture in the village of Asaa, in the north of Denmark. It was not a replica but bore similarities to the sculpture. The Ericksen estate thought the resemblance was too close.

There are some important points to take from this matter.

First, copyright can be a powerful legal right protecting both the integrity of an artist’s legacy and any income derived from it. We touched on this in a previous post about the value of the back catalogue of some musicians called ‘The Intellectual Property Gold Rush’ link here https://mohun-ip.co.uk/the-intellectual-property-gold-rush/.

Secondly, copyright law and how it is enforced depends on the law and the courts in each country.

Thirdly, it is worth taking the time and, where prudent, legal advice to make sure copyright protection is obtained and that the correct person owns it.