Page:The copyright act, 1911, annotated.djvu/44

 32 Copyright Act, lyll.

§ 2 (1) (ii;. the use by the autlior of any niould, cast,

sketch, plan, model, or study made by him for the purpose of the work, pro- vided that he does not thereby repeat or imitate the main design of that work :

Ajtist's use of Some provision of this kind is essential in order to pro- studies'^^o ^®^^ ^^ artist vbo has sold the coi^yright in a finished work and wishes to make use of some of the preliminary matter in the preparation of a new work. It will not be easy to determine when the use of a sketch has been such that the main design of the first work has been repeated or imitated. In the case of a painting of a historic group, such as the coronation oeremony in West- minster Abbey, the artist might use his studies of the individuals represented so as to produce separate portraits of such individuals. He might even reproduce line for line the central figures of the King and Queen. It is submitted that he would not be repeating or imitating the main design of such a picture unless he reproduced substantially the entire group of the principal characters taking part in the ceremony.

Existing law. — The above sub-section marks a distinct altera- tion in the law ; although it is difficult to say how far the use of j)reliniinarY material is under existing law an infringement of the copyright in a completed -work. It seems clear that a laainter might use and re-use all his models and studio furnishings with impunity, but the use of preliminary sketches is probably more restricted. If he reproduced such a sketch in a second picture, and thus reproduced in effect a replica of any substantial part of the fii'st picture or the design thereof, he would probably infringe the copyright. In the case supposed of a coronation gi'oup, he could probably be restrained from using the sketches of any of the principal figures in order to produce separate portraits of the individuals.

§2(1) (iii). (iii) The making or publishing (u) of paintings, drawings, engravings (.r), or photo- graphs (ij) of a work of sculpture (s) or

{u) Sect. 1 (3j.

{x) Sect. 3o (1) ("Engiavings").

(.V) Sect. 35 (1) ("Photograph").

(s) Sect. 35 (V; (" Work of sculpture'").

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