The relevant statutory framework for copyright protection in the UK is the Copyright, Designs and Patents Act 1988 (CDPA) and it is important to mention at the outset that "ideas" are not protected per se and the relevant consideration is whether the idea itself is embodied in the specified categories of "works" as defined by the CDPA . Section 1(1) of the CDPA sets out the types of "works," which attract copyright protection. This includes "original literary, dramatic, musical or artistic works " and section 4(1) (c) includes "artistic craftsmanship" within the definition of "Artistic Works". Moreover, once original work is created, copyright exists without any requirement for registration . Copyright is also simultaneously created worldwide irrespective of the where the act of creation took place .
[...] As such the issues raised in the Hensher remain unresolved regarding an appropriate definition of artistic craftsmanship and it further begs the question as to what the appropriate test should be when considering protection of works under the artistic craftsmanship umbrella[19]. Firstly, if we compare with the US position, “works of artistic craftsmanship are defined insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article shall be considered a copyrightable work, only if and to the extent that such design incorporates pictorial, graphic or sculptural features that can be identified separately from, and are being capable of existing independently of, the utilitarian aspects of the article”[20]. [...]
[...] Intellectual Property Law. 4th Edition Oxford University Press. H Macqueen, C Waelde, & G Laurie (2007). Contemporary Intellectual Property. Oxford University Press. Merges, Menell & Lemley (2003). Intellectual Property in the New Technological Age. Aspen Polakovic (1993). Should the Bauhaus be in the Copyright Doghouse? Rethinking Conceptual Separability University of Colorado Law Review 871. Michael Rushton (2000). Economics and Copyright in Works of Artistic Craftsmanship. Available at www.law.ed.ac.uk/ahrc/files/76_rushtoneconomicscopyright00.pdf Accessed on 19th and 20th March 2009. Vaver & Bentley (2004). Intellectual Property in the New Millennium. [...]
[...] Blackstone's Statutes on Intellectual Property Law (2007) 9th Edition Oxford University Press. Booton (1996). Legal Determinations of Artistic Merit under United Kingdom Copyright Law Art Antiquity Law 125. Cornish and Llewellyn (2003). Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights 5th edition Oxford University Press. Jennifer Davis (2007). Intellectual Property Law. 3rd Edition 2007 Oxford University Press Denicola (1983). Applied Art and Industrial Design: A suggested Approach to Copyright Protection in Useful Articles Minnesota Law Review Hollyoak and Torremans (2005). [...]
[...] Bainbridge (2007)(eds) op.cit at pp.47-48. Ibid. 17 USC (101). See also Michael Rushton (2000). Economics and Copyright in Works of Artistic Craftsmanship. Available at www,law.ed.ac.uk/ahrc/files/76_rushtoneconomicscopyright00.pdf. Accessed on 19th and 20th March 2009. Denicola (1983). Applied Art and Industrial Design: A suggested Approach to Copyright Protection in Useful Articles Minnesota Law Review Ibid at p.741. See also Denicola (1999). Freedom to Copy Yale Law Journal 1661. Croce (1913). Guide to Aesthetics, referred to in Rushton (2000) op.cit. In Lyas (1996) Aesthetics at pp.104-105. [...]
[...] Ibid. Section of the CDPA 1988. Bainbridge (2007) Intellectual Property, Pearson Longman Ibid. Section of the CDPA 1988. Bainbridge (2007) op.cit. [1964] 1 WLR 273. Ibid at p.291. (1923) 40 TLR 186. Bainbridge (2007) op.cit. [1976] AC 64. Ibid. [1916] 2 Ch 601. Ibid. Hollyoaks and Torremans (2005). Intellectual Property. 4th Edition Oxford University Press. Vaver & Bentley (2004). Intellectual Property in the New Millennium. Cambridge University Press. [...]
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