Thirdly, Sony alleged that their device prevented PlayStation users from infringing copyright, by not allowing the RAM in the PlayStation to download a substantial part of the game s cinematograph film . Sony claimed that Steven s mod chips reversed this function, allowing the RAM to download a substantial part of the game s cinematograph film and thus infringed copyright within the meaning of ss 86 ( a ) and 14 ( 1 ) of the Copyright Act 1968.
42.
Section 65 provides : " The copyright in a work . . . that is situated, otherwise than temporarily, in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work or by the inclusion of the work in a cinematograph film or in a television broadcast . " This applies to any " artistic work " as defined in paragraph ( c ) of section 10 : a " work of artistic craftsmanship " ( but not a circuit layout ).