Where did the concrete play sculpture at Farrer Primary School go to following its dismantling
Dear ACT City Services,
Around 1963 I designed and erected through Sunset P/L a precast concrete playground sculpture at the Farrer Primary School. I believe similar sculptures were erected at other ACT schools.
It was removed a few years later by the ACT Government and presumably disposed of.
I would like to know how many of these sculptures were erected in the ACT, where and when and were they also dismantled? I would also like to know if they were sold, destroyed, buried or otherwise disposed of and where they are now.
Yours faithfully,
Derek F. Wrigley, OAM
Dear ACT City Services,
For some reason my request through FOI has been delayed. As owner of the copyright to the design of the Farrer School play sculpture I request an internal review to supply an answer. ACT City Services is required by law to respond promptly. Christmas and New Year intervened so I now request the matter be expedited.
Yours faithfully,
Derek F. Wrigley, OAM
20 Jan 2017
Dear Mr Wrigley
Freedom of Information Request
I acknowledge receipt of your application under the Freedom of Information Act 1989 (the Act) received by Transport Canberra and City Services (TCCS) on 20 December 2016 in which you sought access to information about the sculptures designed and erected by you, in particular, how many of these sculptures were erected in the ACT, where and when were they also dismantled and if they were sold, destroyed, buried or otherwise disposed of and where they are now.
I have been liaising with relevant agencies about your request. Could you please contact me to discuss so that we can progress. I am available on telephone 6205 5408 or by email at [email address].
Kind regards
Nicole
Nicole Bruan |Freedom of Information Officer
Phone 02 6205 5408 | Email:[email address]
Legal and Contracts | Transport Canberra and City Services Directorate |
ACT Government | GPO Box 158 Canberra ACT 2601 | wwww.tccs.act.gov.au
Locutus Sum left an annotation ()
To the applicant: I see that the ACT City Services have asked to contact you by telephone. If possible, please add your own annotation here to let everyone know what happens with your request. I would like to know the outcome!
Locutus Sum left an annotation ()
This is a very interesting application because it ultimately relates to the Copyright Act 1968 (Cth) as much as to the Freedom of Information Act 1989 (ACT).
If the sculpture has been "derogated" then the sculptor, who is called the "author" in the Copyright Act (http://www.legislation.gov.au/Details/C2... ), might have an action for damages against the derogator. "Derogated" includes destroying the sculpture.
Whether the sculptor, who is also the FOI applicant in this request, has grounds for an action for damages will depend on when the sculpture was derogated. Protection against derogation of artistic works is covered by Part IX ("Moral rights of performers and of authors of literary, dramatic, musical or artistic works and cinematograph films") of the Copyright Act 1968 but that part was not inserted until 2000. It was inserted by the Copyright Amendment (Moral Rights) Act 2000. The interesting relevant sections of the Copyright Act 1968 are ss 195AK, 195AM, 195AN, 195AQ, and 195AZ.