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  1. #1

    Default Perfume not eligible for copyright protection

    I don't think anyone else has posted this, but it's an interesting piece from Bois de Jasmin: the French high court says that perfume isn't eligible for protection under copyright law because it "is not a work of intellect, but rather of technical know-how, doesn’t have a form with these characteristics (identifiable, precise, communicable), and thus cannot benefit from copyright protection." http://boisdejasmin.com/2014/01/copy...tml#more-19564

    What do you think?

  2. #2

    Default Re: Perfume not eligible for copyright protection

    How can they copyright if they can't even reformulate it right?

  3. #3

    Default Re: Perfume not eligible for copyright protection

    Chanel copyright the names of their perfumes

    Juices are copied all the time imo

  4. #4

    Default Re: Perfume not eligible for copyright protection

    That's why I believe not all the notes are revealed on note pyramid in composition ...
    "Thank GOD for the nose, for without it we would not be enjoying these beautiful created Scents" also Remember "Balance is everything and the key to appreciating "

  5. #5

    Default Re: Perfume not eligible for copyright protection

    Quote Originally Posted by Balthazar View Post
    How can they copyright if they can't even reformulate it right?
    LOL!

    I see this as a pre-emptive move by the French High Court to avoid having to deal with a slippery subject on which objectivity is close to impossible.

    Obviously, perfumers/houses could submit their exact formulae and copyright them; just as obviously, they would not want to do this. But this is beside the point. As IFRA restricts ingredients and new aromachemicals are invented to replace and expand the available materials, it is possible for analogs to be created and scents can be (and are) created that smell like other scents.

    Thus, a lawsuit would require testimony and judgment on whether or not something smells like something else. Given that people perceive scents differently, it is hard to conceive of any way that this could have a consistent or satisfactory outcome for any of the involved parties.

    French High Court is saving itself a lot of headaches!
    Behemoth cut a slice of pineapple, salted it, peppered it, ate it, and then tossed off a second glass of alcohol so dashingly that everyone applauded.

  6. #6
    kumquat's Avatar
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    Default Re: Perfume not eligible for copyright protection

    Quote Originally Posted by Balthazar View Post
    How can they copyright if they can't even reformulate it right?
    Thats a fact! You never get the same thing twice, in my experience.

  7. #7

    Default Re: Perfume not eligible for copyright protection

    Quote Originally Posted by zatarain View Post
    Thus, a lawsuit would require testimony and judgment on whether or not something smells like something else. Given that people perceive scents differently, it is hard to conceive of any way that this could have a consistent or satisfactory outcome for any of the involved parties.
    I think I remember reading somewhere that the Paco Rabanne people sued the YSL people because Rive Gauche smelled so similar to Calandre. Obviously, that didn't work

  8. #8
    kumquat's Avatar
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    Default Re: Perfume not eligible for copyright protection

    Quote Originally Posted by Kagey View Post
    I think I remember reading somewhere that the Paco Rabanne people sued the YSL people because Rive Gauche smelled so similar to Calandre. Obviously, that didn't work
    That's so interesting. I came to BN because I was desperate to find a replacement for the re-formulated Rive Gauche. I was irritated when I discovered a long time later, by accident, the similarity. It was striking! The only difference is that pesky lack of oak moss in ​Calandre.

    PS- this would be so hard to prove!

  9. #9
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    Default Re: Perfume not eligible for copyright protection

    Quote Originally Posted by balthazar View Post
    how can they copyright if they can't even reformulate it right?
    lol!!

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  10. #10

    Default Re: Perfume not eligible for copyright protection


    Jokes aside, fragrance copyrighting is indeed complicated stuff. Especially that there are so many ingredients involved in not so precise amounts. Not to mention that, as Edmond Roudnitska calls it, you can still roughly preserve the orphactic form that characterize a fragrance by using what's available to perfumers at any given time.

    Plus, there are so many smells that resemble each other. I was listening to Jacques Polge once describing the general progression of a fragrance. He was talking in terms of citrus notes, red flowers, white flowers, yellow flowers, etc which tend to smell alike. You can have two formulas that don't look similar and yet one is a copy, the other the original.

    Then, there are the big trends that start and develop with time. Some degree of copying is necessary for a more organic evolution of fragrance. Us as consumers, should we not not-complain about that?! We get more, and cheaper choice. Anyways we all know we're vastly overcharged!! Sometimes it's ridiculous what they're willing to charge.
    Last edited by Balthazar; 18th January 2014 at 03:10 AM.

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