Quote:
Originally Posted by HarryT
That would be like saying that you don't have the right to photograph anybody wearing clothes, anybody driving a car, any house, any item of furniture, etc, etc. All those are copyrighted designs; the list is endless. A photograph of an object is not a copy of an object; copyright law does not apply. It's different for "unique" objects like paintings, statues, etc, which is what Paul was referring to. They are unique objects where the image IS the object, if you like. Clothes, cars, furniture, (yes, and Daleks too) are not unique objects - there are lots of them, and a photograph of any one of them is not violating anyone's rights. Until or unless you can point me to a legal ruling which states that using a photograph of a mass-produced object for non-commercial purposes is a breach of copyright, this is what I will continue to believe.
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17 Infringement of copyright by copying.E+W+S+N.I.
Quote:
(1)The copying of the work is an act restricted by the copyright in every description of copyright work; and references in this Part to copying and copies shall be construed as follows.
(2)Copying in relation to a literary, dramatic, musical or artistic work means reproducing the work in any material form.
This includes storing the work in any medium by electronic means.
(3)In relation to an artistic work copying includes the making of a copy in three dimensions of a two-dimensional work and the making of a copy in two dimensions of a three-dimensional work.
(4)Copying in relation to a film [F1or broadcast] includes making a photograph of the whole or any substantial part of any image forming part of the film [F1or broadcast].
(5)Copying in relation to the typographical arrangement of a published edition means making a facsimile copy of the arrangement.
(6)Copying in relation to any description of work includes the making of copies which are transient or are incidental to some other use of the work.
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Amendments (Textual)
F1Words in s. 17(4) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 2(1), 5(5), Sch. 1 para. 3(1)(a) (with regs. 31-40)
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Points (2) and (3) are clear. You made a 2D copy of a 3D work and you stored it by electronic means.