We consider that each respective GLAM is best qualified to determine whether an item meets the definition of “original visual artwork”. Section 8(2) defines visual artworks as:
In this Act, visual artwork—
(a)includes a visual work of any 1 or more of the following types:
(i)a cultural expression of Māori:
(ii)a cultural expression of Pacific peoples:
(iii)ethnic or cultural art that is a variation of a type of work described in any of subparagraphs (iv) to (ix):
(iv)painting, drawing, carving, engraving, etching, lithography, woodcutting, or printing (including a book of prints):
(v)sculpture, collage, or modelling:
(vi)craftwork, ceramics, glassware, jewellery, textiles, weaving, metalware, or furniture:
(vii)photography or video art:
(viii)multimedia art:
(ix)art that is created using computers or other electronic devices
(b) does not include—
(i) a building, as defined in section 2(1) of the Copyright Act 1994:
(ii) a dramatic work or musical work, as those terms are defined in section 2(1) of the Copyright Act 1994:
(iii) a literary work, as defined in section 2(1) of the Copyright Act 1994, unless it is a compilation that includes a visual work of a type specified in paragraph (a)(i) to (ix):
(iv) a work of a type specified in the regulations.