Country: Austria
Tribunal: Supreme Court (Oberster Gerichtshof)
Date: 20/06/2006
Case No.: 4 Ob 41/06t
Design: --
Citation(s): IIC Vol 38 7/2007 845
Author: David Musker, R G C Jenkins & Co

The case concerned architectural copyright. Held, that ideas and concepts can never be protected by copyright, and nor can technical solutions of themselves. The relevant question is whethe the shape was the product of the artist or the technician; the extent to which there is scope for taste, beauty and aesthetics beyond the solution of technical problems. Remitted for further analysis below.