A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, and composition.
Legal Definitions
Creative works require a creative mindset and are not typically rendered in an arbitrary fashion although some works demonstrate [have in common] a degree of arbitrariness, such that it is improbable that two people would independently create the same work. At its base, creative work involves two main steps – having an idea, and then turning that idea into a substantive form or process. The creative process can involve one or more individuals. Based upon technological advances as well as artificial intelligence there is the possibility that creative works can be created without human intervention – thereby removing the step of "having an idea". Typically the creative process has some aesthetic value which is identified as a creative expression which itself generally invokes an external stimuli which a person views as creative. The term is frequently used in the context of copyright.[1]
United Kingdom
For the purpose of section 221(2)(c) of the Income Tax (Trading and Other Income) Act 2005, the expression "creative works" means:
(a) literary, dramatic, musical or artistic works, or
(b) designs,
created by the taxpayer personally or, if the qualifying trade, profession or vocation is carried on in partnership, by one or more of the partners personally.[2]
References
- ^ Stanford, Law Library. "Copyright & Fair Use". Fair Use. Stanford Libraries. Retrieved April 5, 2015.
- ^ The Income Tax (Trading and Other Income) Act 2005, section 221(3)