Tactile artistic works: A case study of visual biases within UK artistic copyright law

Annaliese Wren

Tactile artistic works: A case study of visual biases within UK artistic copyright law

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Abstract

"The essence of an artistic work is that which has visual significance". This statement from Interlego v Tyco reflects the ocular-centric copyright framework through which the UK judiciary have traditionally interpreted s.4 CDPA , limiting protection to visually perceived works. Drawing on Personality Theory and Critical Disability Theory, this article critiques such interpretations as reinforcing visual biases that marginalise tactile artists, despite their work’s compatibility with art.2(1) Berne Convention and CJEU interpretations of art.2(a) InfoSoc. Considering REULA , it calls for legislative reform to ensure a more inclusive and coherent approach which aligns with international copyright approaches and disability rights obligations.

Original language	English
Pages (from-to)	399-407
Number of pages	9
Journal	European Intellectual Property Review
Volume	47
Issue number	7
Publication status	Published - 9 Jul 2025

Research Groups and Themes

Centre for Global Law and Innovation
Bristol Socio-Legal Centre

Keywords

Intellectual Property
Copyright
Art
Brexit
Copyright, Designs and Patents Act 1988
Tactile works
Disability

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This is the accepted author manuscript (AAM) of the article which has been made Open Access under the University of Bristol's Scholarly Works Policy. The final published version (Version of Record) can be found on the publisher's website. The copyright of any third-party content, such as images, remains with the copyright holder.
Accepted author manuscript, 302 KBLicence: CC BY

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title = "Tactile artistic works: A case study of visual biases within UK artistic copyright law",

abstract = "{"}The essence of an artistic work is that which has visual significance{"}. This statement from Interlego v Tyco reflects the ocular-centric copyright framework through which the UK judiciary have traditionally interpreted s.4 CDPA , limiting protection to visually perceived works. Drawing on Personality Theory and Critical Disability Theory, this article critiques such interpretations as reinforcing visual biases that marginalise tactile artists, despite their work{\textquoteright}s compatibility with art.2(1) Berne Convention and CJEU interpretations of art.2(a) InfoSoc. Considering REULA , it calls for legislative reform to ensure a more inclusive and coherent approach which aligns with international copyright approaches and disability rights obligations.",

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N2 - "The essence of an artistic work is that which has visual significance". This statement from Interlego v Tyco reflects the ocular-centric copyright framework through which the UK judiciary have traditionally interpreted s.4 CDPA , limiting protection to visually perceived works. Drawing on Personality Theory and Critical Disability Theory, this article critiques such interpretations as reinforcing visual biases that marginalise tactile artists, despite their work’s compatibility with art.2(1) Berne Convention and CJEU interpretations of art.2(a) InfoSoc. Considering REULA , it calls for legislative reform to ensure a more inclusive and coherent approach which aligns with international copyright approaches and disability rights obligations.

AB - "The essence of an artistic work is that which has visual significance". This statement from Interlego v Tyco reflects the ocular-centric copyright framework through which the UK judiciary have traditionally interpreted s.4 CDPA , limiting protection to visually perceived works. Drawing on Personality Theory and Critical Disability Theory, this article critiques such interpretations as reinforcing visual biases that marginalise tactile artists, despite their work’s compatibility with art.2(1) Berne Convention and CJEU interpretations of art.2(a) InfoSoc. Considering REULA , it calls for legislative reform to ensure a more inclusive and coherent approach which aligns with international copyright approaches and disability rights obligations.

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KW - Copyright

KW - Art

KW - Brexit

KW - Tactile works

KW - Disability

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JO - European Intellectual Property Review

JF - European Intellectual Property Review

IS - 7

ER -

Tactile artistic works: A case study of visual biases within UK artistic copyright law

Abstract

Research Groups and Themes

Keywords

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