The Wacky Waving Inflatable Tube Guy also known as the air dancer, sky dancer and inflatable man was initially conceived by Peter Minshall. Minshall named his design ‘Tall Boy’ and collaborated with artist and industrial designer, Doron Gazit, and engineer, Arieh Dranger, to bring the design to life for the opening ceremony of the 1996 summer Olympics. After the Olympics, Gazit with co-inventor Arieh Dranger patented what they termed an ‘apparatus and method for providing inflated undulating figures', more familiarly referred to Gazit as ‘Fly Guys’. The issue with the patenting of the inflatable air dancer seemingly began because Gazit allegedly applied for the patent without the knowledge of Minshall. This has often led to accusations in Trinidad and Tobago and among the Caribbean diaspora that Gazit ‘stole the patent’ from Minshall.

However, the situation from an intellectual property perspective is not so simple. While Minshall did conceive the idea for the inflatable air dancer, from all accounts it appears that Gazit and Dranger were the ones who brought the design to fruition given that Minshall had previously failed to make the design operational. As such, it was indeed Gazit and Dranger that had provided the necessary input to create the technical effect to solve the problem. It does not appear that Minshall contributed to the technical effect, thus disqualifying him from being an inventor for the purposes of patent law. Therefore, Gazit was within his rights to apply for the patent without Minshall’s knowledge or permission in the absence of any agreement to the contrary.

This is a common feature in intellectual property disputes, the lack of any clear agreement about rights, ownership and commercialisation before the start of any collaborative project. It has been alleged that Minshall and Gazit settled their dispute privately, but it remains the case that Minshall stood to benefit significantly more from this venture had the intellectual property and contract issues been addressed at the beginning of the relationship. Furthermore, it was open to Minshall to secure a design right for his Tall Boy creation, which would have interacted simultaneously with Gazit’s patent, providing a revenue stream for Minshall were the design to be licensed alongside Gazit’s patent.

Lessons for the future:

1) Know what IP exists in your work and what you are entitled to;

2) Register the relevant IP rights to protect your work; and

3) Always have a written contract governing ownership and commercialisation of IP rights in any venture, ideally before entering a collaborative project.

Notwithstanding, the actions of Gazit should not be condoned as a matter of pure professional courtesy, but legally creators must protect themselves to avoid potentially exploitative situations. This is all the more relevant considering that the inflatable air dancer has been used for entertainment purposes, advertising and even to keep birds away from fields.

Tall Boy is not the only example of such a missed opportunity, and therefore it is imperative that persons educate themselves about intellectual property law and rights. Contact Clover® today to ensure you get the best deal for your creative and inventive works.  

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