Abstract
Copyright in works of artistic craftsmanship is riven with significant controversies concerning the meaning of ‘artistic quality’ and ‘craftsmanship’. Judges have devised several tests with the goal of determining the artistic quality of a work. However, one of the lowest common denominators of these tests is that they harbour significant drawbacks. This article argues that Britain ought to use the ‘intellectual creation test’ to resolve artistic quality issues. It is also argued that problems with works of artistic craftsmanship reflect various factors, including the borderline nature of the cases that have presented themselves for adjudication, concerns about excessive cumulation of rights, and the existence of an artistic tradition which provides an overarching framework for determining ‘artistic quality’ and ‘craftsmanship’ issues.
Original language | English |
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Pages (from-to) | 505-534 |
Number of pages | 30 |
Journal | Oxford Journal of Legal Studies |
Volume | 36 |
Issue number | 3 |
Early online date | 24 Nov 2015 |
DOIs | |
Publication status | Published - Oct 2016 |
Keywords
- copyright
- artistic works
- artistic craftmanship
- Hensher v Restawile
- copyright and designs