Thesis Title:
Painting the Narrative: An Exploration of Whether Makeup Artistry Could Be Considered a Dramatic Work within the Copyright, Designs and Patents Act 1988 and Its Implications for the Creative Industries
Thesis Abstract:
This project investigates whether makeup artistry can be recognised as a “dramatic work” under UK copyright law, recognising its fundamental role in performance, storytelling, and character portrayal. Traditionally, makeup’s copyright eligibility has focused upon its aesthetic, treating it similarly to traditional art forms as an “artistic work”. However, this perspective overlooks the performative power of makeup in film, theatre and drag. Instead, this research argues that makeup contributes deeply to narrative and identity in performance, if not constituting a performance itself, thus warranting fresh consideration of its copyrightability.
By reframing makeup artistry as a “dramatic work”, this research makes a novel contribution to legal scholarship by challenging traditional interpretations of copyright law. It advocates for an expanded understanding of a “dramatic work” to better reflect the dynamic nature of contemporary art, such as makeup artistry, offering a broader scope of protection that captures its transformative qualities in performance. In doing so, this research underscores makeup’s cultural importance and calls for fairer recognition of modern creative practices – providing new protection pathways for non-traditional art forms and demonstrating its significance for creators and scholars alike through fresh insights into the intersection of copyright, performance, and culture.
Primary Supervisor:
Prof Johanna Gibson
Publications:
- Let’s play fair: to what extent are the contributions added within a ‘Let’s Play’ video sufficient to overcome the requirements for transformative use within the fair use doctrine? – Interactive Entertainment Law Review, June 2025