Division 7.—Acts not Constituting Infringements of Copyright in Artistic Works.
Sculptures and certain other works in public places. 65.—(1.) This section applies to sculptures and to works of artistic craftsmanship of the kind referred to in paragraph (c) of the definition of “artistic work” in section 10 of this Act.
(2.) The copyright in a work to which this section applies that is situated, otherwise than temporarily, in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work or by the inclusion of the work in a cinematograph film or in a television broadcast.
Buildings and models of buildings. 66. The copyright in a building or a model of a building is not infringed by the making of a painting, drawing, engraving or photograph of the building or model or by the inclusion of the building or model in a cinematograph film or in a television broadcast.
Incidental filming or televising of artistic works. 67. Without prejudice to the last two preceding sections, the copyright in an artistic work is not infringed by the inclusion of the work in a cinematograph film or in a television broadcast if its inclusion in the film or broadcast is only incidental to the principal matters represented in the film or broadcast.
Publication of artistic works. 68. The copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph or cinematograph film if, by virtue of section 65, section 66 or section 67 of this Act, the making of that painting, drawing, engraving, photograph or film did not constitute an infringement of the copyright.
Artistic works transmitted to subscribers to a diffusion service. 69. Sections 65, 66 and 67 of this Act apply in relation to a television programme that is caused to be transmitted to subscribers to a diffusion service in like manner as they apply in relation to a television broadcast.
Reproduction including work broadcast, for purpose of in television broadcast. 70.—(1.) Where the inclusion of an artistic work in a television broadcast made by a person would not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of copyright in the work but the making by the person of a cinematograph film of the work would, apart from this sub-section, constitute such an infringement, the copyright in the work is not infringed by his making such a film solely for the purpose of the inclusion of the work in a television broadcast.
(2.) The last preceding sub-section does not apply in relation to a film if a copy of the film is used for a purpose other than—
- (a) the inclusion of the work in a television broadcast in circumstances that do not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the work; or
- (b) the making of further copies of the film for the purpose of the inclusion of the work in such a broadcast.
