The copyright in the film car Il Tempo Gigante
Supreme Court judgment of 15 November 2017, HR-2017-2165-A (case no. 2017/542), civil case, appeal against judgment
Kari and Kjell Aukrust's foundation - the Aukrust Foundation (Counsel Are Stenvik)
Hunderfossen Familiepark AS (Counsel Aslak Runde)
v.
Caprino Filmcenter AS (Counsel Rune Ljostad and Targe Brigt A. Skoghøy)
Justices: Ringnes, Høgetvedt Berg, Berglund, Matheson, Webster
The puppet film Flåklypa Grand Prix [The Pinchcliffe Grand Prix], which premiered in 1975, was produced by Caprino Filmcenter AS. The film company had acquired the rights to use characters from the so-called Flåklypa universe, created by the artist and writer Kjell Aukrust. The fantasy car Il Tempo Gigante played a central part in the film. The car was based on a drawing by Aukrust and built by Bjarne Sandemose, who was employed by the film company.
The Aukrust Foundation, which manages the copyrights in Aukrust's work, later licensed the theme park Hunderfossen Familiepark AS the right to build a rollercoaster with a carriage inspired by "Il Tempo Gigante". The film company did not succeed with its claim that the carriage – called "Il Tempo Extra Gigante" – infringed Sandemose's copyright in the adaptation of Aukrust's earlier drawing. Sandemose had added elements to the car that are protected as adaptations under the Copyright Act section 4. This protection was, however, limited to the refined artistic expression with a high level of finish that Sandemose had added. These features had not been copied in "Il Tempo Extra Gigante", which has an industrial look.
The Supreme Court further concluded that the film company could not stop Aukruststiftelsen and Hunderfossen Familiepark AS from using the name "Il Tempo Extra Gigante". The Copyright Act section 46 does not grant any title protection to the adapter that prevents the original author from using the name he has given to his work.