[Guest post] Muddying the waters of copyright – a rapid reaction to today’s IPEC decision which sees the sinking of the WaterRower’s claims for copyright protection
Muddying the waters of copyright – a rapid reaction to today’s IPEC decision which sees the sinking of the WaterRower’s claims for copyright protection
Decision
Kat with WaterRower: to be observed or to be used? |
Implications
- A Supreme Court decision overturning Hensher and coming to an interpretation of s4(1)(c) CDPA that is consistent with CJEU caselaw.
- A decision from the Court of Appeal or the Supreme Court to depart from EU law, reclaiming UK sovereignty over the definition of works of artistic craftsmanship.
- An appeal of the IPEC decision which leads to it being overturned on a narrower basis.
- Primary legislation to amend the CDPA to define more clearly what merits protection as a work of artistic craftsmanship or (more radically) to move to an open list approach.
So much freedom after Brexit! Britain can show how to do copyright properly without being hindered by the 'wisdoms' from Luxembourg.
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