ABSTRACT

The obscene and the unseen, looks at the key regulatory frameworks that potentially restrict creative practitioners in their work. This is of particular interest to fine artists, photographers, animators, graphic designers, illustrators and film-makers. The tensions between freedom of expression and the concept of causing offence explores in relation to the power systems that have controlled the dissemination of creative works. The subject is opened by relating the ideas here to the concepts of ownership already outlined; since nothing that is obscene, immoral, defamatory, blasphemous or seditious can benefit from intellectual property rights. In addition, intellectual property (IP) regulations, while protecting the creators of works, impose significant restrictions on others and this too will be considered. While US law has a history of protecting free speech the corresponding protection in the UK has only been available since 1998 when the European Convention on Human Rights (ECHR) was transposed into English law.