Artistic works
Part I Copyright
(1) In this Part “artistic work” means—
(a)a graphic work, photograph, sculpture or collage, irrespective of artistic quality,
(b)a work of architecture being a building or a model for a building, or
(c)a work of artistic craftsmanship.
(2)In this Part—
“building” includes any fixed structure, and a part of a building or fixed structure;
“graphic work” includes—
(a)any painting, drawing, diagram, map, chart or plan, and
(b)any engraving, etching, lithograph, woodcut or similar work;
(1) In this Part “film” means a recording on any medium from which a moving image may by any means be produced.
Defined in s.5B(1) · see it in the full Act“film” means a recording on any medium from which a moving image may by any means be produced.
Defined in s.5(1) · see it in the full Act(2)Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.
Defined in s.3(2) · see it in the full ActThe provision exhaustively identifies the relevant categories of artistic work. Qualification depends upon an object falling within a statutory category, rather than upon a free-standing assessment of its design features. (see paras [8]; [27]–[29]) Sculpture is an artistic-work category irrespective of artistic quality. The exclusion of merit assessment does not remove the need for artistic purpose or expression when deciding whether an object is a sculpture. (see paras [8]; [29]–[38]; [47]) The alternative claim that the helmet was a work of artistic craftsmanship had been abandoned. The appeal therefore proceeded only on the sculpture category. (see paras [7]; [29]; [38]) A cast or model is included only when made for purposes of sculpture. Industrial casting or moulding does not convert every resulting product into sculpture. (see paras [8]; [31]–[34])
Section 4 defines artistic work through separate statutory sub-categories. The control panel did not qualify as a graphic work and no other category was relied on. (see paras [64]-[65]; [70]-[73]) Section 4(1) was treated as a closed list of artistic-work sub-categories, which prevents every object that is visually perceptible from being classified as a graphic work. (see paras [65]; [70]-[71]) Section 4(1)(a) includes graphic works within the artistic-work categories, but the control panel as a whole was not a graphic work. (see paras [65]; [70]-[73]) Section 4(1)(b) was referred to as the separate category covering works of architecture, illustrating that not every visible work is graphic. (see para [70]) Section 4(1)(c) was referred to as the separate category covering works of artistic craftsmanship, supporting a bounded interpretation of graphic work. (see para [70]) Section 4(2)’s examples support the conclusion that a graphic work is created by making marks on a substrate to generate an image; the definition is not infinitely flexible. (see paras [65]-[71])
Graphic works qualify as artistic works irrespective of artistic quality. The originality inquiry was therefore objective and concerned the visual appearance and layout of the charts, rather than their artistic merit or the software’s functionality (see paras [13]; [24]).
13 more judgments, and what each says about section 4, are in the case-law panel in the full Act.