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Studies . Copyright infringement –photographing and commercialising public sculptures
26-09-2007
Sculptures are protected by copyright as artistic works, which means that generally someone can not copy the work in any way without permission of the copyright owner (usually the artist). However there is an important copyright exception which applies to public sculptures.
In Radford v Hallenstein Bros Limited, the plaintiff claimed that Hallenstein had infringed his copyright by photographing his sculptures and including the photograph on t-shirts it sold for profit. However, the High Court held that Hallenstein had not breached copyright because the activity was permitted under section 73 of the Copyright Act. The provision allows certain copying of sculptures, models for buildings or works of artistic craftsmanship that are permanently situated in a public place or in premises open to the public. It also permits issuing those copies to the public.
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