5.9-3 Is it possible to take a picture of the sculpture of a famous artist living in New York, while it is transported from the truck to the exposition hall of a Museum in Lugano and publish the picture on my blog?


No, it is not admitted to do so. Art. 27 CopA applies only if the work of art is accessible to the public because of the will of the author. In this case the sculpture is on public ground temporarily because it is transported from a place to another, and not because of the will of the author. If the same sculpture was exposed on a public square in Lugano, visible to everybody, in accordance with the author, then the exception of art. 27 CopA would apply.