In this section, artistic works refer to drawings, paintings, sculptures, photographs, engravings, prints, mixed media works, cartoons, plans, maps, and logos.
In general, copyright in an artistic work will not be infringed where the copy or communication is done:
See 1.11: Dealing with copyright
See 1.14: Defences and exceptions to infringement
See Appendix B: Statutory Print Licence
The Copyright Act has a number of free use exceptions. The main exceptions are those of fair dealing.
The copying of artistic works for fair dealing purposes is free and does not require the permission of the copyright owner. The relevant fair dealing exceptions are:
See 1.14: Defences and exceptions to infringement
(i) Works in public places
Copyright in a sculpture, craftwork or building (and models of buildings) displayed permanently outdoors or in a place or building open to the public is not infringed by students or staff making a painting or photograph of the it.
(ii) Incidental use on television
The use of an artwork in the background of a film or television program filmed by students and staff will not infringe copyright in the artwork, provided the use is incidental and does not form part of the main action being presented.
(iii) Copying by hand
(iv) Copying for exams
1. Artistic Works under the Statutory Print Licence
Artistic works are treated differently under the Statutory Print Licence.
See Appendix B: Statutory Print Licence: Artistic Works
2. Copying artistic works to include in the library collection
A school library is able to reproduce an artistic work for inclusion in the school library's collection for the purpose of making it available to students for the purpose of research and study.
3. Copyright in school photographs
In most cases, the photographer will own the copyright in the school photographs, unless there is an agreement otherwise.
See 1.11: Dealing with copyright
See 4.3: Copyright in school photographs
