Case Description

Intellectual Property Law

Jay was a well-known artist who specialized in sculptures of birds and animals. The town where he lived commissioned Jay to create a life-size sculpting of birds for the lobby at the town hall. The space was small so Jay thought the best use of the space would be to suspend the sculptures from the ceiling. He proposed a small flock of Canada Geese because of their size and the V formation in which they fly.

The work of art was completed and installed to great acclaim by the town and the town's inhabitants. It became well known and as Jay's reputation grew, so did the crowds who came to admire his artwork. For a holiday season that was starting in December, the town council proposed that large red ribbons be tied around the necks of the Canada Geese in the lobby. It was discussed in council and approved that every year bows would be added to the sculpture to commemorate the festive season.

Unknown to Jay, bows were tied around the geese and the ribbon ceremony was completed. A few days later, a friend of Jay's mentioned that it was interesting to see how much the bows hide the necks on the geese, making them look deformed. Jay flew to the town hall to gaze dumbfounded upon his masterpiece looking like a decoration on the top of a gift parcel. 'This doesn't fly with me' he muttered.

Please answer the following questions

1. Discuss the intellectual property law issues raised by this fact situation. (10 marks)
2. What, if any, legal rights or remedies does Jay have, to undo this action by the town council? (10 marks)
3. What would be some possible arguments the town council could have to assert that they have a right to add ribbons to Jay's work? (5 marks)