Copyright, Designs and Patents Act 1988, section 51

Design documents and models

Part I Copyright

(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[F190 or communicate to the publicF190] , anything the making of which was, by virtue of subsection (1), not an infringement of that copyright.

(3)In this section—

  • F191 “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.

Definitions used in section 51 9

design

1 (1) In this Act “design” means features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include—

(a)a method or principle of construction, or

(b)features of shape or configuration of an article which—

(i)are dictated solely by the function which the article has to perform, or

(ii)are dependent upon the appearance of another article of which the article is intended by the author of the design to form an integral part.

Defined in Sch.4 para.38 · see it in the full Act

“design” has the meaning assigned to it by section 1(1) of this Act ;

Defined in Sch.4 para.38 · see it in the full Act
artistic work

(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.

Defined in s.4(1) · see it in the full Act

“artistic work” has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988 ;

Defined in Sch.4 para.38 · see it in the full Act
typeface

“typeface” includes an ornamental motif used in printing;

Defined in s.178 · see it in the full Act
article

“article” means any article of manufacture and includes any part of an article if that part is made and sold separately;

Defined in Sch.4 para.38 · see it in the full Act

“article”, in the context of an article in a periodical, includes an item of any description;

Defined in s.178 · see it in the full Act
copy

(1)The copying of the work is an act restricted by the copyright in every description of copyright work; and references in this Part to copying and copies shall be construed as follows.

Defined in s.17(1) · see it in the full Act
made

(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 Act
film

(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
written

“writing” includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded, and “written” shall be construed accordingly

Defined in s.178 · see it in the full Act
photograph

“photograph” means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;

Defined in s.4(2) · see it in the full Act

Cases considering section 51 13

Lucasfilm Limited and others v Ainsworth and another

[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])

Aga Rangemaster Group Ltd v UK Innovations Group Ltd & Anor

[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])

Lucasfilm Ltd & Ors v Ainsworth & Anor

[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.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F190Words in s. 51(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 8(3) (with regs. 31-40)
  2. F191Words in s. 51(3) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 1(2), 24(1); S.I. 2014/2330, art. 3, Sch.