Trade mark protection of works of art: Or what is the life expectancy of a mermaid?

The Little Mermaid is the title of a famous fairytale by the Danish author Hans Christian Andersen. In 1913, the mermaid was recreated as a statue by the Danish sculptor Edvard Eriksen and the statue has now become a symbol for Denmark and Danes. The copyright in the statue, which has vigorously been enforced by Eriksen’s heirs, expires in 2029. In this article, we examine whether the mermaid, and in particular the business of the heirs, could have an afterlife in trade mark law.