When is a work "artistic"?

In Burge v Swarbrick [2007] HCA 17 (26 April 2007), the High Court of Australia considered the meaning of "artistic work" in s 10 and in s 77(1)of the Copyright Act and whether copyright protection for the designer was available for a yacht marketed as the "JS 9000" in Australia, Europe, the United States and elsewhere.

The designer (Swarbrick) failed in his claim because the boat was designed to satisfy functional utilitarian considerations (eg speed, safety) and be mass-produced rather than for artistic purposes.

The designer had not registered the design under the Designs Act.