sculpture

A sculpture is a form of artistic work defined in section 4(2) of the Copyright, Designs and Patents Act 1988 UK to include a cast or model and takes its ordinary dictionary meaning. Sculpture therefore includes three-dimensional representations of objects using clay, stone, wood, metals and plaster.

Commercial objects such as die-cast moulds (the casting of hot metal or plastics in a mould), to make Frisbees, and metal objects may not qualify as moulds, because ordinary members of the public would not consider the manufacturers or those designing the moulds to be artists.   Manufacturers focus on the shape and appearance of moulds for functional reasons. Moulds may nevertheless qualify for intellectual property protection as designs. 

Like other copyright works, sculptures need to be intended to have a permanent existence. Plasticine moulds do not qualify for protection, and it may be that an artist may be required to make the sculpture in the first instance.

The first owner of the copyright in an artistic work is the author of the work, unless that person is employed. In the latter case, it is the employer who owns the copyright in the sculpture.  Where the work is the result of a collaboration between two or more persons and the contribution of the authors is not distinct, then the collaborating artists will be considered joint owners of the sculpture.

Also, where an artistic work is computer-generated, the author is the person by whom the arrangements necessary for the creation of the artistic work were undertaken.

Usage: The moulding for the Frisbee qualified for copyright protection as a sculpture.

Related Words: graphic work; photograph; collage; work of architecture; work of artistic craftsmanship; originality; copyright; intellectual property rights; Copyright, Designs and Patents Act 1988 UK; fair dealing; first owner of copyright; duration of copyright.