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Artistic Works - Term Paper Example

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The paper presents that The relevant statutory framework for copyright protection in the UK is the Copyright, Act 1988. “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…
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Artistic Works
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Download file to see previous pages Copyright is also simultaneously created worldwide irrespective of where the act of creation took place5.
However, the content will not be protected per se as copyright law requires that the works must be original6. With regard to copyright law, the definition of originality does not have its ordinary dictionary definition and the “courts have interpreted the concept very loosely”7. For example, in the case of Ladbroke (Football) Ltd v William Hill (Football) Limited8 it was asserted that the term “original” in context of copyright law “only required that the work should not be copied but originate from the author”9.
Furthermore, the courts have looked to whether a substantial amount of work or effort was expended in creating the work in determining originality. This was propounded in the case of Macmillan & Co v K & J Cooper10 where it was stipulated that the basic foundation for attracting copyright protection was that a reasonable amount of work involving judgement and selection had been utilized in creating the work.
However, the artistic craftsmanship category of works protected under the law has created problems in practice and Bainbridge argues that “works of artistic craftsmanship give rise to the greatest difficulty among artistic works11” for the purpose of copyright protection. Moreover, Bainbridge highlights the point that whilst there may be an assumption that certain goods such as jewellery, designer goods, furniture and clothing will come within the definition of artistic craftsmanship for the purpose of copyright protection, other goods of commercial value, whose artistic status is ambiguous have created problems for the judiciary in addressing copyright protection for artistic craftsmanship. For example, in the leading case of George Hensher Limited v Restawhile Upholstery Limited[1], this concerned a prototype made for a suite of furniture described as boat-shaped.   ...Download file to see next pagesRead More
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