Page:The copyright act, 1911, annotated.djvu/45

 Rights. 33

artistic craftsmanship, if permanently § 2 (l) (iii). situate in a public place or building, or the making or publishing of paintings, drawings, engravings, or photographs (which are not in the nature of archi- tectural drawings or plans) of any archi- tectural work of art («) :

The Act contains no definition of "public" in rela- "Public (ion to a place or building. A public placo or building pl^ce or may moan a place or building to which tlio public gene- " ^^^' rally have a right of access, such as the National Gallery or British Museum, or it may mean a place to which members of the public as such are habitually admitted upon payment or otherwise, such as a theatre, music hall, or cemetery. Probably the liberty of copying is limited to places or buildings to which the public, or some S3ction of them, such as the parishioners in a parish, or the burgesses of a city, have either by statute, common law, or under the terms of some trust deed, an actual legal right of entry. A place or building to which the public are admitted merely by licence of the proprietor for the time being of such place or building, such as a theatre, is not, properly speaking, a public place or building.

(iv) The publication in a collection, mainly § 2 (l) (iv). composed of non-copyright matter, bona fide intended for the use of schools, and so described in the title and in any ad- vertisements issued by the publisher, of short passages from published (b) literar}^ works (c) not themselves published for the use of schools in which copyright sub- sists : Provided that not more than two

��(ff) Sect. 35 (1) (" Architectural work of art ").

(h) Sects. 1 (3). 35 (2).

{c) Sect. 35 (1) ("Literary work").

M.

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