German Court Rules: Birkenstock Sandals Not Works of Art

A German court recently decided that Birkenstock sandals do not meet the criteria to be considered works of art eligible for copyright protection. The presiding judge, Thomas Koch, ruled that although Birkenstock argued that the popularity of their footwear justified copyright protection, the court deemed that shoes primarily serve a practical purpose. The Federal Court of Justice upheld a lower court's ruling, underscoring that functional design elements like shoes do not fall under copyright protection. According to German law, a product must exhibit a specific level of original creativity to be eligible for copyright protection, a requirement that the court found Birkenstock sandals did not meet.