[cc-community] A Silly Question

Philippe Bradley philbradley at gmail.com
Wed Oct 5 07:21:57 EDT 2011


On 3 October 2011 15:16, drew Roberts <zotz at 100jamz.com> wrote:
> On Friday 30 September 2011 12:09:29 Philippe Bradley wrote:
>> On 30 September 2011 15:18, drew Roberts <zotz at 100jamz.com> wrote:
>> > On Friday 30 September 2011 10:12:31 Alan Cox wrote:
>> >> Basically - yes. This leads into the rather more fascinating and murky
>> >> world of 'no photography' signs outside a gallery containing CC work.
>> >> It's not all as simple as the spraycan.
>> >
>> > Hmmm. Perhaps that issue needs to go into V4 licenses alongside the no
>> > DRM stuff?
>>
>> Maybe not. IANAQL, but I see it like this:
>>
>> The sign (and the policy) is the space-owner's prerogative, presumably
>> imposed as a matter of contract/licence to enter.
>
> IANAL at all, but see:
>
> http://www.bitlaw.com/copyright/scope.html
>
> "The public display right is similar to the public performance right, except
> that this right controls the public "display" of a work."
>
> So it might be that your thinking holds for a private home, etc. but not for
> a "public" space. It seems privately owned places can be considered public in
> this context.
>>
>> To expose copies of CC artistic/literary works, she doesn't agree to
>> CC terms, as she's not doing a copyright-restricted act (copying,
>> deriving/adapting, etc)
>
> It seems copyright does prevent publically displaying works of art /
> copyrighted photographs and so she would need a license. Either the cc one
> supplied or another one obtained from the copyright holder.
>
> Lawyer input appreciated here.

Hey drew - under the UK Copyright, Designs and Patents Act 1988, I
don't read the section applying to public display of works
(http://www.legislation.gov.uk/ukpga/1988/48/part/I/chapter/II/crossheading/the-acts-restricted-by-copyright
- see s19) as being applicable to artistic works (only dramatic,
literary or musical, defined here:
http://www.legislation.gov.uk/ukpga/1988/48/section/3 and for musical,
here: )

Artistic works under the CDPA are defined here:
http://www.legislation.gov.uk/ukpga/1988/48/section/4

This doesn't chime with the bitlaw article, which may or may not be an
accurate summary of US copyright-restricted acts. Also I may be wrong
about the above reading of UK law.


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