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Yugoslavian monument

Posted: Tue Jun 10, 2025 11:50 am
by mp1984
Hi everyone, when the nations of yugoslavia parted ways they seem to have each retained their copyrights, but I was wondering if I'm allowed to make (smaller scale!) garden ornaments of some of their remarkable public sculptures, such as https://www.spomenikdatabase.org/tjentiste located in Bosnia. There's another in Croatia that I'm very interested in too from a similar date with designers names listed.
I feel like the designer(named on the link) likely owns the rights, but then mine isn't going to be a perfect copy, but I'm unsure if that changes anything.
Thanks for any help, Mark

Re: Yugoslavian monument

Posted: Tue Jun 10, 2025 12:39 pm
by AndyJ
Bosnia and Herzegovina, and Croatia are both signatories to the Berne Convention, as is the UK, so that means we have to give any copyright works made in either of those two states the equivalent protection that we do to works created here.
Sculptures of the sort you mention are completely covered by the Copyright Designs and Patents Act 1988 (see section 4) as works of art, and so copying them, even on a much smaller scale, would infringe copyright in them unless it was done with permision.
Works such as architecture or sculptures which are displayed in public spaces may be photographed or sketched etc (thanks to a doctrine known as freedom of panorama) without infringing the copyright in them, due to section 62 CDPA, but that dispensation does not extend to making three dimensional copies of such works.
Basically if your copies captured the essence of the originals without necessarily being exact copies, then that would generally constitute infringement.

Re: Yugoslavian monument

Posted: Tue Jun 10, 2025 12:43 pm
by mp1984
Glad I checked. Thank you very much for your detailed reply.