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’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.