Copyright in Works of Artistic Craftsmanship: An Analysis

Patrick Masiyakurima

Research output: Contribution to journalArticle

2 Citations (Scopus)

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 languageEnglish
Pages (from-to)505-534
Number of pages30
JournalOxford Journal of Legal Studies
Volume36
Issue number3
Early online date24 Nov 2015
DOIs
Publication statusPublished - 2016

Keywords

  • copyright
  • artistic works
  • artistic craftmanship
  • Hensher v Restawile
  • copyright and designs

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