Landmark IP judgment clarifies artistic craftsmanship

Albright IP has won a pivotal judgment for client Liking Ltd against copyright infringement allegations brought by WaterRower (UK) Ltd. In this landmark decision, the High Court’s Intellectual Property Enterprise Court (IPEC) established that WaterRower’s rowing machines do not meet UK copyright standards as "works of artistic craftsmanship," thereby rejecting copyright protection for these functional, non-sculptural 3D products.

WaterRower argued that its water-resistance rowing machines qualified as works of artistic craftsmanship under the Copyright, Designs, and Patents Act 1988 (CDPA). The company contended that Liking Ltd’s Topiom rowing machines violated copyright by replicating substantial design elements. However, Albright IP successfully countered that WaterRower’s machines did not meet the strict UK threshold for "artistic craftsmanship," which legally excludes many functional objects from copyright eligibility.

Judge Campbell Forsyth’s ruling has significant implications for UK copyright law, especially in cases involving functional 3D objects. Unlike the European Union's broader protections for industrial designs, UK law requires functional objects to meet a high bar of "artistic craftsmanship" for copyright status. Albright IP Patent Director Cloe Loo, who represented Liking Ltd, highlighted the impact of the ruling: “This judgment provides much-needed clarity in UK copyright law on what qualifies as a work of artistic craftsmanship. This ruling establishes that such objects must meet the test of artistic craftsmanship to qualify for copyright, an important milestone for the IP sector.”

Loo emphasised the challenges of managing a multilingual, cross-border case that required detailed communication across time zones and languages. “Working closely with Liking Ltd required not only a robust IP strategy but also a deep understanding of their language and business culture. Communicating the nuances of UK copyright law in Chinese, for instance, was essential to ensure our client was fully informed and comfortable with each stage of the case.”

Albright IP’s Managing Director, Robert Games, praised Loo’s dedication: “We are immensely proud of Cloe. This was a challenging, multilingual case which was set to impact IP law. Cloe’s ability to build her team and manage these complexities in both English and Chinese is a testament to her commitment and expertise. This outcome is a notable achievement for Albright IP and highlights our team’s strength in high-stakes IP litigation.”

With potential industry-wide consequences, the judgment sets clearer copyright boundaries for functional 3D objects, though it remains uncertain if WaterRower will appeal. This precedent-setting case marks a turning point in defining “artistic craftsmanship” under UK copyright law.

For the full judgment, visit: WaterRower v Liking 2024 EWHC 2806 IPEC Approved Judgment

Copyright & permissions