英国著作权中的诸多法令

xiaomomo

The Copyright (Material Open to Public Inspection)(International Organisations) Order 1989
这是英国著作权的一个法令,\"Material Open to Public Inspection\"不知作何解释?
关于该法令有一个备注性解释
EXPLANATORY NOTE
(This note is not part of the Order)

Subsections (1) to (3) of section 47 of the Copyright, Designs and Patents Act 1988 provide exceptions to copyright in the case of material which is open to public inspection pursuant to a statutory requirement or which is on a statutory register. This Order extends the exceptions to material made open to public inspection by the European Patent Office under the European Patent Convention and by the World Intellectual Property Organisation under the Patent Co-operation Treaty.

看来不能直译为受公众检查的材料,那是不是说某种作品置于公众可查范围内不受著作权保护呢?对英国的知识产权法制度不了解,国内著作权规定对公众场合的作品进行临摹不侵犯著作权,是否可以联系起来?希望大家能帮忙解惑!非常感谢!

xiaomomo

再看该法令涉及的具体法条
47.-
(1) Where material is open to public inspection pursuant to a statutory requirement, or is on a statutory register, any copyright in the material as a literary work is not infringed by the copying of so much of the material as contains factual information of any description, by or with the authority of the appropriate person, for a purpose which does not involve the issuing of copies to the public.
(2) Where material is open to public inspection pursuant to a statutory requirement, copyright is not infringed by the copying or issuing to the public of copies of the material, by or with the authority of the appropriate person, for the purpose of enabling the material to be inspected at a more convenient time or place or otherwise facilitating the exercise of any right for the purpose of which the requirement is imposed.
(3) Where material which is open to public inspection pursuant to a statutory requirement, or which is on a statutory register, contains information about matters of general scientific, technical, commercial or economic interest, copyright is not infringed by the copying or issuing to the public of copies of the material, by or with the authority of the appropriate person, for the purpose of disseminating that information.
(4) The Secretary of State may by order provide that subsection (1), (2) or (3) shall, in such cases as may be specified in the order, apply only to copies marked in such manner as may be so specified.
(5) The Secretary of State may by order provide that subsections (1) to (3) apply, to such extent and with such modifications as may be specified in the order-
(a) to material made open to public inspection by-

(i) an international organisation in the order, or

(ii) a person so specified who has functions in the United Kingdom under an international agreement to which the United Kingdom is party, or

(b) to a register maintained by an international organisation specified in the order,

as they apply in relation to material open to public inspection pursuant to a statutory requirement or to a statutory register.

觉得确实应该是置于公众场合,可为公众所知的状态的意思,那么Material Open to Public Inspection到底怎么翻译才能确切呢?我国著作权方面有没有相对应的固定词组呢?

xiaomomo

自己来回答吧，我把它译为“在公众场合公开的作品”，不知道大家意见如何！

kidalive

awsome issue