By Simon Stokes

The single publication to be had within the united kingdom and is the reason the felony place in recognize of copyright in artistic endeavors.

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43) (citing Lord Hailsham in Swish Products (at 629) (see above), and Astbury J in Austin v. Columbia Gramaphone Co [1917–23] MCC 398 at 408 and again in Vane v. Famous Players Film Co Ltd [1923–28] MCC 374 at 398). The dichotomy is discussed in more detail in Chap. 3. B. (Plastics) Ltd v. Swish Products Ltd [1979] RPC 551 at 633 (HL). For a discussion of how the UK and USA have developed and applied this principle with emphasis on software copyright see S. Lai, The Copyright Protection of Computer Software in the United Kingdom (Hart Publishing, Oxford, 2000) (“Lai”).

Abacus Mouldings [1992] FSR 332, George Ward (Moxley) Ltd v. Richard Sankey Ltd and Another [1988] FSR 66, Bradbury, Agnew & Co v. 16 below). In any event, as Lord Hoffmann recently observed in Designers Guild v. 336/213) to which the UK is a party (in Art. 2). It is therefore submitted that this distinction is a useful and necessary Introduction 5 does not protect ideas, only the form in which they are expressed. 16 So, for example, no one could copyright pointillism as an artistic style, but Seurat’s paintings (if in copyright) would themselves be protected from copying as original artistic works.

30 Certainly in English law there was early judicial acknowledgement that it was just to grant copyright to authors of literary works, and also that authors had what we now call “moral rights”, as Lord Mansfield made clear in Millar v. Taylor: “it is just, that an author should reap the pecuniary profits of his own ingenuity and labour. It is just, that he should judge when to publish. It is fit he should not only choose the time, but the manner of publication . 32 Another theory underpinning copyright centres on artists’ works as being nothing less than an extension of the artists’ personality—the socalled “personality” theory.

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Art and Copyright by Simon Stokes
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