Section 175(4)

The following do not constitute publication for the purposes of this Part and references to commercial publication shall be construed accordingly— in the case of a literary, dramatic or musical work— the performance of the work, or the communication to the public of the work (otherwise than for the purposes of an electronic retrieval system); in the case of an artistic work— the exhibition of the work, the issue to the public of copies of a graphic work representing, or of photographs of, a work of architecture in the form of a building or a model for a building, a sculpture or a work of artistic craftsmanship, the issue to the public of copies of a film including the work, or the communication to the public of the work (otherwise than for the purposes of an electronic retrieval system); in the case of a sound recording or film— the work being played or shown in public, or the communication to the public of the work.

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Source: legislation.gov.uk · retrieved 2026-09-04