Flash Web


Sculptures

dna strand

Section 4(2) of the Copyright, Designs and Patents Act 1988 defines sculptures to include a cast or model. Sculptures may include 3-dimensional representations of objects made from clay, metals, stone, plaster, wood or other materials.


The casting of hot metal or plastics in a mould (die-cast moulds) to make plastics or metallic objects do not usually qualify as sculptures under the act because people would generally not consider the makers of such moulds to be artists, since most makers will focus on the shape and appearance of moulds for purely functional purposes, and not for artistic reasons.


However, Moulds may qualify for intellectual property protection as designs, so long as they are fixed into a permanent embodiment.


Like most copyright works, the first owner of the copyright in an artistic work is the author of the work, unless if that person made the artistic work as part of his duties in employment. Thus, if the work was made in the course of employment, in line with the duties of employment, then the employer would own the copyright in the sculpture. If the sculpture is a result of a collaboration between a number of individuals or a group such that individual contributions cannot be seemlessly ascertained, then the collaborators will be joint owners of the sculpture.


If a sculpture is made using software tools (CAD, etc), then the author is the person by whom the arrangements necessary for the creation of the artistic work were undertaken.