German Court Rules Birkenstock Sandals Are Not Works of Art

The Facts

• A German court ruled on Thursday that Birkenstocks, the sandals known for their cork and latex design, do not qualify as works of art and are thus denied the copyright protections associated with that status, rejecting a claim by the shoemakers.

• The Federal Court of Justice wrote that works of art must display a degree of "individuality," and that "pure craftsmanship" was not sufficient to establish the shoes as artistic pieces. A lawyer for Birkenstock argued that the shoes are an "iconic design."

• In Germany, works of art are granted copyright protection for 70 years after the death of the creator, while works of design see their protection lapse after 25 years. Many of Birkenstock's sandals debuted in the 1970s, while their creator, Karl Birkenstock, remains alive.