artistic work

Section 4(1) of the Copyright, Designs and Patents Act 1988 UK defines an artistic work as:

1. a graphic work, photograph, sculpture or collage, irrespective of artistic quality;
2. a work of architecture being a building or a model of a building; or
3. a work of artistic craftsmanship.

Graphic works include any painting, drawing, diagram, map, chart or plan, as well as an engraving, etching, lithograph, wood cut or similar work. Some artistic works, such as architectural drawings contains literary works. In such cases, the drawing and the literary work taken together are collages. Each work however must have sufficient originalty itself to attract copyright in the first instance to attract protection as a collage.

The essence of an artistic work are those parts which are visually significant. Copyright protection of artistic works does not depend upon the quality of the artistic merit, as originality for the purposes copyright protection must satisfy a different test, namely that of originality which is a de minimus test of originality.

Provided the work in question is the result of some artistic process, the works specified by (a) above qualify as artistic works under the Copyright, Designs and Patents Act.

As with literary works, it is not the idea conveyed by the artistic work that is protected. It is the work in the form that it is recorded that is relevant consideration.

In order to qualify for protection, there is a de minimus level of originality required, and some degree of skill and labour must be expended by the author.

Usage: The artistic work in question, being a straight line intersected by a circle, failed to qualify for copyright protection due to the lack of originality.

Related Words: graphic work; photograph; collage; work of architecture; work of artistic craftsmanship; literary work; dramatic work; musical work; sound recording; broadcast; copyright; Copyright, Designs and Patents Act 1988 UK; first owner of copyright; duration of copyright.

Useful Material:

1. Briefing Note - Copyright in Images & Photographs and Infringement
2. Copyright Protection - Company Names, Logos and Slogans
3. Determining Ownership of Copyright and Software
4. Briefing Note - Managing IP - Maximising IPRs using an audit checklist