This interesting article highlights one of the issues caused by the amendments to the Copyright, Designs and Patents Act (CDPA). In particular, the lack of a definition of the term “artistic craftsmanship”. It is therefore up to the Courts to determine this on a case-by-case basis.
To date, case law has established a set of criteria that must be satisfied for an item to be categorised as a work of artistic craftsmanship. These are: (a) a conscious intention to produce a work of art; (b) a real artistic or aesthetic quality; and (c) a sufficient degree of craftsmanship and artistry (existing simultaneously).
The additional proposed changes to the CDPA will apply copyright protection on certain pre-1957 designs and the penalty for any infringing party could be a fine of up to £50,000 and up to 10 years in prison.
The replica designer furniture market has become a huge industry, but a rushed change to the law has plunged it into chaos