(1)It is not an infringement of any copyright in a design document or model recording or embodying a design for anything other than an artistic work or a typeface to make an article to the design or to copy an article made to the design.
(2)Nor is it an infringement of the copyright to issue to the public, or include in a film or communicate to the public , anything the making of which was, by virtue of subsection (1), not an infringement of that copyright.
(3)In this section—
“design” means the design of ...the shape or configuration (whether internal or external) of the whole or part of an article, other than surface decoration; and
“design document” means any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise.
Cases considering section 51 13
[2011] UKSC 39 · 27 July 2011
The section limits the effect of copyright in design documents and models where the designed end-product is not an artistic work. Because the helmet was not a sculpture, it afforded a defence to the claim based on the graphic works. (see paras [10]–[12]; [49])
Making an article to a recorded design, or copying an article made to that design, is protected where the article is not an artistic work or typeface. That criterion was satisfied because the helmet was not a sculpture. (see paras [10]–[12]; [49])
[2025] EWCA Civ 1622 · 15 December 2025Limits
Section 51 limits copyright protection for designs of articles that are not artistic works. The Court held that the defence applied to the control-panel design. (see paras [61]-[64]; [73]-[74])
Section 51(1) was applied to permit making an article to a design, or copying an article made to it, where the design was not for an artistic work. (see paras [62]; [73]-[74])
Section 51(3) supplied the relevant definitions of design and design document for assessing whether the control-panel drawing was a design document for an artistic work. (see paras [62]-[64])
[2009] EWCA Civ 1328 · 16 December 2009Defines
Provides the statutory defence for making an article to a design document or model where the design is for something other than an artistic work or typeface. The defence applied to the stormtrooper articles (see paras [83]-[87]).
The court applies the provision to copying articles made to the McQuarrie design documents because the resulting helmet and armour were not artistic works (see paras [84]-[87]).
Defines design and design document for the operation of the section. The paintings and drawings were accepted as design documents recording the relevant shape and configuration (see paras [84]-[87]).
What each judgment says about section 51 is in the case-law panel in the full Act.