Lucasfilm Ltd v Ainsworth: The Force of Copyright Protection for Three-Dimensional Designs as Sculptures or Works of Artistic Craftsmanship

摘要

The protection of sculptures and works of artistic craftsmanship through copyright was probably initially directed at works of art in their traditional sense. However, the way in which the legislation has been drafted has encouraged lawyers to argue that those concepts should apply to more mundane, three-dimensional articles made by an industrial process. The need to run such arguments has become more and more pronounced over the years with the development of the various registered and unregistered design laws which, in certain circumstances, were intended to replace copyright protection.