Facts
In this case, there was a legal dispute between [X. AG] and [Y. AG] over potential copyright claims on the hobby calendars "blue" and "coloured" designed by [X. AG] . [X. AG] had sued [Y. AG] for disclosure of the print run, retail price, sales figures and profits generated, as well as for payment of a license fee and surrender of the profits.
The Commercial Court of the Canton of Aargau had dismissed the claim, as it denied the calendars the quality of copyright-protected works. In an alternative consideration, it also concluded that the copyrights would in any case have been transferred to [Y. AG] .
[X. AG] appealed against this judgment to the Federal Supreme Court.
Considerations
The Federal Supreme Court confirmed the judgment of the Commercial Court. It stated that works within the meaning of the CopA are intellectual creations of literature or art with individual character. For graphic products such as the present hobby calendars, it applies that protection is forfeited if the design is so predetermined by the intended use that there is practically no room for individual or original features.
In the case of the "blue" calendar, the Federal Supreme Court saw in the work of [X. AG] merely a craftsmanship…