Living Gardens Can't Be Copyrighted Art: 7th Circ.

Law360, New York (February 15, 2011, 6:28 PM EST) -- The Seventh Circuit has ruled that living gardens cannot be copyrighted works of art in a suit brought by an artist against Chicago's parks department, which made alterations to one of his flower-based works.

Such gardens are not copyrightable due to copyright’s requirements of expressive authorship and fixation, a three-judge panel ruled in the U.S. Court of Appeals for the Seventh Circuit on Tuesday.

Plaintiff Chapman Kelley built a massive flower presentation known as Wildflower Works in Grant Park in Chicago in 1984. By 2004, the...
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