p. 81229. Copyright Protection for Designs
- L. Bently,
- B. Sherman,
- D. Gangjee
- and P. Johnson
This chapter deals with the conditions under which copyright law might protect designs as well as the limitations on the term of design protection. It first considers the subsistence of copyright in designs via two routes: either directly, by protecting the form and decoration of articles as artistic works (particularly sculptures, engravings, or works of artistic craftsmanship), or indirectly, by protecting the author of a preliminary document on which a design is based. It then discusses the limitation on protection afforded by design documents in section 51 of the Copyright, Designs and Patents Act 1988.