§ 265 — Buildings and certain artistic works in public places

265.—(1) This section applies to the following artistic works:(a)

a building or a model of a building;

(b)

a sculpture located (other than temporarily) in a public place or in premises open to the public;

(c)

a work under paragraph (a)(iii) of the definition of “artistic work” in section 20(1), but only if it is located (other than temporarily) in a public place or in premises open to the public.

(2) The following are permitted uses of the work:(a)

making a painting, a drawing, an engraving or a photograph of the work;

(b)

publishing a painting, a drawing, an engraving or a photograph of the work, but only if —(i)

the painting, drawing, engraving or photograph is made on or after 10 April 1987; or

(ii)

the painting, drawing, engraving or photograph was made before 10 April 1987 and the making would have been a permitted use under paragraph (a) if this Act had been in operation at the time of the making;

(c)

including the work in a film;

(d)

publishing a film that includes the work, but only if —(i)

the film is made on or after 10 April 1987; or

(ii)

the film was made before 10 April 1987 and the making would have been a permitted use under paragraph (c) if this Act had been in operation at the time of the making;

(e)

including the work in a television broadcast or cable programme.

—(1) This section applies to the following artistic works:(a)

a building or a model of a building;

(b)

a sculpture located (other than temporarily) in a public place or in premises open to the public;

(c)

a work under paragraph (a)(iii) of the definition of “artistic work” in section 20(1), but only if it is located (other than temporarily) in a public place or in premises open to the public.

(2) The following are permitted uses of the work:(a)

making a painting, a drawing, an engraving or a photograph of the work;

(b)

publishing a painting, a drawing, an engraving or a photograph of the work, but only if —(i)

the painting, drawing, engraving or photograph is made on or after 10 April 1987; or

(ii)

the painting, drawing, engraving or photograph was made before 10 April 1987 and the making would have been a permitted use under paragraph (a) if this Act had been in operation at the time of the making;

(c)

including the work in a film;

(d)

publishing a film that includes the work, but only if —(i)

the film is made on or after 10 April 1987; or

(ii)

the film was made before 10 April 1987 and the making would have been a permitted use under paragraph (c) if this Act had been in operation at the time of the making;

(e)

including the work in a television broadcast or cable programme.