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02 September 2022 / David Langwallner
Issue: 7992 / Categories: Features , Profession
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State of the art

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In the eye of the beholder? David Langwallner examines copyright protection for works of artistic craftsmanship

Recently, I visited the William Morris Gallery in Walthamstow. Quite a trek, but it was utterly beautiful and revealing. Morris of course sought to revive folk art and goods of practical utility that could be afforded by people, and was in fact a socialist. He even wrote a socialist pamphlet based on Utopia by Thomas More.

The exhibits in the museum are jaw-droppingly beautiful, and of course are goods of utility: wallpaper, ceramics, textiles. Not shoddy goods, but rather affordable art for the people.

‘Looking nice’ is not enough

Mr Morris and the arts and crafts movement gave rise to a separate species of copyright protection works of artistic craftsmanship. In the case of Hensher (George) Ltd v Restawile Upholstery (Lancs) Ltd [1976] AC 64, [1973] 3 All ER 414, the House of Lords differed widely as to what that test for protection is. Lord Reid said such works were protected if a person got ‘pleasure

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