ART+law Archive 2006 : Problematic Public Sculptures Provisions
The Copyright Act 1968 Cth Copyright Act provides that creators of artistic works have the exclusive rights to reproduce the work, publish the work and communicate the work to the public which means broadcast the work or upload it to the internet.
However, the Copyright Act is also sprinkled with exceptions which sometimes allow people to use the exclusive rights of the copyright owner without permission or payment. Some of these relate to what are called fair dealing purposes, such as when a work is used for research or study purposes, criticism or review, or reporting the news.
Section 65 of the Copyright Act contains another instance where someone can exercise the exclusive copyright rights of an artist without their consent and without payment to the artist. Under section 65, sculptures or works of artistic craftsmanship that are on permanent public display in a public place or in premises open to the public may be reproduced without the permission of the c…
Source: http://www.artslaw.com.au/artlaw/archive/2006/06ProblematicPublicSculpturesProvisions.asp
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