While copyright law seeks to protect authors’ communication through their works, and restricts the communication of their works by others, copyright does not properly take into account that, in public spaces, individuals are compelled to experience (amongst others) artistic, literary and musical works. The problem of publicly placed works is therefore emblematic of a deeper problem with copyright's failure to address the problem of the relationship between individual works and the shared culture of which they form part. In adopting a comparative approach to copyright exceptions and defences, the paper argues for (at least) a re-orientation of copyright exceptions towards the space in which a work is encountered in order to determine whether a given use is or is not infringing.
This paper forms part of the Carnegie Research Trust funded project, ‘Freedom of Panorama: Making Copyright Law (In)visible’, exploring the extent to which members of the public are free to photograph art, buildings and other work in public space.
Dr Iljadica is the author of 'Copyright Beyond Law: Regulating Creativity in the Graffiti Subculture' (Hart 2016).
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