When we think about art in relation to copyright in the UK, there may be a temptation to restrict what we perceive as artistic to a literal interpretation of the categories contained in s 4 of the Copyright, Design and Patents Act 1988 (‘CDPA’). These include mediums such as graphic works, sculpture or a work of architecture. These categories have largely been interpreted as ‘closed’ by both academics and the UK judiciary. UK copyright, therefore, risks marginalising certain creative individuals due to its lack of clarity surrounding the CDPA, alongside a closed list which may exclude more contemporary mediums from protection. An example are tactile artistic works. These are works which are created with the intention of touch; the artistic experience comes from touching, rather than visually observing the artistic work …. (more)
[Annaliese Wren, SLSA Blog, 26 June 2024]
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