The Abyss That Stared Back: Vantablack’S Copyright Conundrum

Vantablack

A few months agone our friend Alberto Bellan at the IPKat Say, crimson for danger, white for peace, white together with gold/blue together with dark for consternation, etc. These colours, much similar words, cast mutual holding to the human race, together with are hence every bit susceptible to soul appropriation every bit air or sunlight. [(Holmes v. Hurst, 174 U.S. 86 (1899)] The purpose of limiting copyrights to expressions, together with non ideas is to foreclose the monopolization of the latter. Only when arranged inwards an master copy form, tin laissez passer the sack they merit copyright protection. As held inwards an Indian landmark ruling, every aspect does not ipso facto become protectable, together with must overstep the examine of originality, which requires the practice of skill, labour together with judgment inwards creating the work.  A color lone is lacking inwards originality, together with its protection would arguably effect inwards monopolization of an thought which would strike at the foundations of copyright law.

Additionally, for sure countries (US for instance) quest fixation of the piece of work inwards a tangible medium every bit a prerequisite for copyright protection. Therefore, ideas, plots, themes, and, arguably inwards the same vein, color cannot travel copyrighted on this Earth alone. 

As the requirement of tangible fixation is optional under the discussed the rattling enquiry whether it is possible to ain a colour, particularly when this is Vantablack, ie the "blackest dark always existed".

Today is delighted to host a invitee contribution yesteryear Divya Mirlay (Christ College, Bangalore) on the specific copyright implications surrounding Vantablack.

Here's what Divya writes:

"Oscar Wilde inwards his inimitable fashion i time said, “mere color, unspoiled yesteryear meaning, together with unallied alongside definite form, tin laissez passer the sack verbalise to the soul inwards a chiliad dissimilar ways.” Ironically, Wilde’s eloquent description of color resonates alongside the British fine art maestro Anish Kapoor’s description of the consummate absence of color, which goes yesteryear the scream Vantablack. 

A unique stuff composed of millions of incredibly small-scale nanotubes grown on a metallic surface, Vantablack is recognized yesteryear the Guiness World Records as the World’s Darkest man-made substance. In an interview, Mr Kapoor describes the unique qualities of Vantablack’s work inwards fine art together with the powerful responses it evokes. 

This unique stuff has lately surfaced inwards the context of a potential copyright row. According to Surrey NanoSystems, a British fellowship that developed the material, Mr. Kapoor lone possesses the exclusive license to work Vantanblack inwards artistic creations. 

Appalled by the apparent monopolization of a colour, several inwards the creative Earth convey vehemently Say, crimson for danger, white for peace, white together with gold/blue together with dark for consternation, etc. These colours, much similar words, cast mutual holding to the human race, together with are hence every bit susceptible to soul appropriation every bit air or sunlight. [(Holmes v. Hurst, 174 U.S. 86 (1899)] The purpose of limiting copyrights to expressions, together with non ideas is to foreclose the monopolization of the latter. Only when arranged inwards an master copy form, tin laissez passer the sack they merit copyright protection. As held inwards an Indian landmark ruling, every aspect does not ipso facto become protectable, together with must overstep the examine of originality, which requires the practice of skill, labour together with judgment inwards creating the work.  A color lone is lacking inwards originality, together with its protection would arguably effect inwards monopolization of an thought which would strike at the foundations of copyright law.

Additionally, for sure countries (US for instance) quest fixation of the piece of work inwards a tangible medium every bit a prerequisite for copyright protection. Therefore, ideas, plots, themes, and, arguably inwards the same vein, color cannot travel copyrighted on this Earth alone. 

As the requirement of tangible fixation is optional under the Qualitex Co v Jacobson Products Co, Inc, held that in that place existed no objection to the work of color lone every bit a merchandise mark, when the color has attained a secondary pregnant together with hence identifies together with distinguishes a detail brand.  

Ever since, the courts convey dealt alongside several cases pertaining to the protection of colours every bit merchandise marks, particularly inwards the context of pharmaceutical merchandise dress. Vantablack, however, cannott travel protected yesteryear merchandise grade every bit the enquiry of whatever secondary pregnant identifying it alongside whatever detail build does non arise.

Just dark together with white

A colourful dichotomy?

The idea-expression dichotomy forms the initiative of all axiom of copyright law. In this regard, “ideas, sentiments or creations of the imagination” are oftentimes contrasted with "the language, idiom, style, or the outward semblance together with exhibition" of such creation.  However, the boundary betwixt an thought together with an aspect is at times unclear, together with every bit posited yesteryear Judge Learned Hand, “nobody has been able to prepare the boundary, together with nobody always can.” 

The enquiry inwards this instance is whether a color forms an thought or an expression. What is to hap if colours are considered every bit expressions of ideas? Say, crimson for danger, white for peace, white together with gold/blue together with dark for consternation, etc. These colours, much similar words, cast mutual holding to the human race, together with are hence every bit susceptible to soul appropriation every bit air or sunlight. [(Holmes v. Hurst, 174 U.S. 86 (1899)] The purpose of limiting copyrights to expressions, together with non ideas is to foreclose the monopolization of the latter. Only when arranged inwards an master copy form, tin laissez passer the sack they merit copyright protection. As held inwards an Indian landmark ruling, every aspect does not ipso facto become protectable, together with must overstep the examine of originality, which requires the practice of skill, labour together with judgment inwards creating the work.  A color lone is lacking inwards originality, together with its protection would arguably effect inwards monopolization of an thought which would strike at the foundations of copyright law.

Additionally, for sure countries (US for instance) quest fixation of the piece of work inwards a tangible medium every bit a prerequisite for copyright protection. Therefore, ideas, plots, themes, and, arguably inwards the same vein, color cannot travel copyrighted on this Earth alone. 

As the requirement of tangible fixation is optional under the Berne Convention, for sure countries convey opted non to include this requirement inwards their domestic laws. The Indian Copyright Act, 1957 (Act) for instance, makes no such mention. Section xiii of the Act lists the classes of master copy piece of work over which a copyright subsists, which includes artistic works, defined nether department 2( c ) as: (i) a painting, sculpture, drawing (including a diagram, map, nautical chart or plan), engraving or photograph; (ii) piece of work of architecture; (iii) whatever other piece of work of artistic craftsmanship.

A color yesteryear itself would non cast an artistic piece of work nether the aforementioned section. Only when used inwards a painting, sculpture, drawing, etc, tin laissez passer the sack a copyright travel claimed. Section xvi of the Act farther prevents the entitlement of copyrights or whatever similar rights except inwards accordance alongside the provisions of the Act. It hence would non travel plausible to categorize Vantablack every bit an ‘artistic work', thereby making it unfit for copyright protection.

Like Klein, SurreyNanoSystems could patent the material. The company’s FAQ portal states that Vantablack is non a pigment or pigment, only comprises of a functionalized wood of millions upon millions of nanotubules, grown at 750 degrees centigrade. 

Vantablack has Say, crimson for danger, white for peace, white together with gold/blue together with dark for consternation, etc. These colours, much similar words, cast mutual holding to the human race, together with are hence every bit susceptible to soul appropriation every bit air or sunlight. [(Holmes v. Hurst, 174 U.S. 86 (1899)] The purpose of limiting copyrights to expressions, together with non ideas is to foreclose the monopolization of the latter. Only when arranged inwards an master copy form, tin laissez passer the sack they merit copyright protection. As held inwards an Indian landmark ruling, every aspect does not ipso facto become protectable, together with must overstep the examine of originality, which requires the practice of skill, labour together with judgment inwards creating the work.  A color lone is lacking inwards originality, together with its protection would arguably effect inwards monopolization of an thought which would strike at the foundations of copyright law.

Additionally, for sure countries (US for instance) quest fixation of the piece of work inwards a tangible medium every bit a prerequisite for copyright protection. Therefore, ideas, plots, themes, and, arguably inwards the same vein, color cannot travel copyrighted on this Earth alone. 

As the requirement of tangible fixation is optional under the diverse industrial applications in aerospace technology, impact screens, ultra lite wiring, etc. The stuff appears to depository fiscal establishment check the boxes of novelty, non-obviousness together with utility, thereby making it patentable. Thus, if Vantablack was to travel monopolized inwards whatever manner, it would travel to a greater extent than palatable every bit a patent, rather than copyright."