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Copyright Act 1956

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3Copyright in artistic works

(1)In this Act “artistic work ” means a work of any of the following descriptions, that is to say,—

(a)the following, irrespective of artistic quality, namely paintings, sculptures, drawings, engravings and photographs;

(b)works of architecture, being either buildings or models for buildings;

(c)works of artistic craftsmanship, not falling within either of the preceding paragraphs.

(2)Copyright shall subsist, subject to the provisions of this Act, in every original artistic work which is unpublished, and of which the author was a qualified person at the time when the work was made, or, if the making of the work extended over a period, was a qualified person for a substantial part of that period.

(3)Where an original artistic work has been published, then, subject to the provisions of this Act, copyright shall subsist in the work (or, if copyright in the work subsisted immediately before its first publication, shall continue to subsist) if, but only if,—

(a)the first publication of the work took place in the United Kingdom, or in another country to which this section extends, or

(b)the author of the work was a qualified person at the time when the work was first published, or

(c)the author had died before that time, but was a qualified person immediately before his death.

(4)Subject to the last preceding subsection, copyright subsisting in a work by virtue of this section shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the author died, and shall then expire:

Provided that—

(a)in the case of an engraving, if before the death of the author the engraving had not been published, the copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which it is first published;

(b)the copyright in a photograph shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the photograph is first published, and shall then expire.

(5)The acts restricted by the copyright in an artistic work are—

(a)reproducing the work in any material form ;

(b)publishing the work ;

(c)including the work in a television broadcast;

(d)causing a television programme which includes the work to be transmitted to subscribers to a diffusion service.

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