ABSTRACT

Art as intellectual property (IP), describes the key categories of copyright, design rights, trademarks and patents. This chapter points out the characteristics of forms of intellectual property which will be of less immediate relevance to those from an art, design or media background. The Copyright, Designs and Patents Act of 1988 (CDPA) distinguishes three categories of artistic work: graphic works, works of architecture and works of artistic craftsmanship. Graphic works can include painting, drawing, engravings, etchings, lithographs, sculpture, collage and photographs. The second category of works of architecture covers buildings and fixed structures as well as the models or other graphic works of these. The third category of artistic craftsmanship can include handcrafted jewellery, tiling, windows, hand-knitted items and crochet. At the point of discovery of an IP infringement, without prejudice discussions might begin and lead to an out-of-court settlement being reached for relatively little money.