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  • From: Rob Myers <rob AT robmyers.org>
  • To: cc-uk <cc-uk AT lists.ibiblio.org>
  • Subject: Re: [Cc-uk] creative commons and sculpture
  • Date: Tue, 20 Sep 2005 18:18:33 +0100


On 20 Sep 2005, at 08:44, Stuart Yeates wrote:

Rob Myers wrote:

On 19 Sep 2005, at 23:56, Andrea Rota wrote:



To make a long story short: I'm trying to imagine how physical art
works, like sculptures, and CC licenses could be somehow connected in
order to use e.g. a sculpture contest as a promotion event for CC...

I know CC licenses do not apply to physical objects strictly speaking,
but I hope that somebody has lateral-thinking suggestions on
this... :)



(I am not a lawyer, this is not legal advice.)

Sculptures are explicitly covered by the 1988 copyright act. So you
get copyright on sculptures. The Creative Commons licenses are
copyright licenses. So you can CC license a sculpture.

For permanent, public, outside sculpture, you can photograph/film/
draw the work without infringing copyright (is this still the case?).
So presumably the license wouldn't cut in for a CC-licensed permanent
public sculpture.


(I'm not a lawyer either, this isn't legal advice either)

As detailed in this blog:

http://www.samizdata.net/blog/archives/007251.html

this appears not to be the case.

Heya.

The Eiffel Tower lights are a good example of making a derivative of a public domain work and claiming copyright on it. :-)

IANAL but I think the law on public works may be different in France, though.

I have a page of examples of IP Madness that lists more sculptural photography bans:

http://www.robmyers.org/wiki/index.php/Notes_Towards_Free_Art

- Rob.




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