The court of appeals held that as there was no evidence that the Defendants had gained any profit from a public display of sculptures, they were not liable to pay royalties in respect of the exhibition.  However, the defendants were ordered to discontinue sales of products bearing pictures of the copyright sculptures as this activity was of a commercial nature.

In relation to the claim for moral damages, since the works themselves had not been damaged and the use on sweet boxes or postcards did not affect the reputation of the authors, the court of appeals rejected the request to compensate by way of moral damages.

A full summary of this case has been published on Kluwer IP Law


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