Part ICopyright
Chapter ISubsistence, ownership and duration of copyright
Introductory
1Copyright and copyright works
1
Copyright is a property right which subsists in accordance with this Part in the following descriptions of work—
a
original literary, dramatic, musical or artistic works,
b
sound recordings, films, broadcasts or cable programmes, and
c
the typographical arrangement of published editions.
2
In this Part “copyright work” means a work of any of those descriptions in which copyright subsists.
3
Copyright does not subsist in a work unless the requirements of this Part with respect to qualification for copyright protection are met (see section 153 and the provisions referred to there).
2Rights subsisting in copyright works
1
The owner of the copyright in a work of any description has the exclusive right to do the acts specified in Chapter II as the acts restricted by the copyright in a work of that description.
2
In relation to certain descriptions of copyright work the following rights conferred by Chapter IV (moral rights) subsist in favour of the author, director or commissioner of the work, whether or not he is the owner of the copyright—
a
section 77 (right to be identified as author or director),
b
section 80 (right to object to derogatory treatment of work), and
c
section 85 (right to privacy of certain photographs and films).
Authorship and ownership of copyright
9Authorship of work
1
In this Part “author”, in relation to a work, means the person who creates it.
2
That person shall be taken to be—
a
in the case of a sound recording or film, the person by whom the arrangements necessary for the making of the recording or film are undertaken;
b
in the case of a broadcast, the person making the broadcast (see section 6(3)) or, in the case of a broadcast which relays another broadcast by reception and immediate re-transmission, the person making that other broadcast;
c
in the case of a cable programme, the person providing the cable programme service in which the programme is included;
d
in the case of the typographical arrangement of a published edition, the publisher.
3
In the case of a literary, dramatic, musical or artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.
4
For the purposes of this Part a work is of “unknown authorship” if the identity of the author is unknown or, in the case of a work of joint authorship, if the identity of none of the authors is known.
5
For the purposes of this Part the identity of an author shall be regarded as unknown if it is not possible for a person to ascertain his identity by reasonable inquiry; but if his identity is once known it shall not subsequently be regarded as unknown.
10Works of joint authorship
1
In this Part a “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors.
2
A broadcast shall be treated as a work of joint authorship in any case where more than one person is to be taken as making the broadcast (see section 6(3)).
3
References in this Part to the author of a work shall, except as otherwise provided, be construed in relation to a work of joint authorship as references to all the authors of the work.
11First ownership of copyright
1
The author of a work is the first owner of any copyright in it, subject to the following provisions.
2
Where a literary, dramatic, musical or artistic work is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary.
3
This section does not apply to Crown copyright or Parliamentary copyright (see sections 163 and 165) or to copyright which subsists by virtue of section 168 (copyright of certain international organisations).
Duration of copyright
12Duration of copyright in literary, dramatic, musical or artistic works
1
Copyright in a literary, dramatic, musical or artistic work expires at the end of the period of 50 years from the end of the calendar year in which the author dies, subject to the following provisions of this section.
2
If the work is of unknown authorship, copyright expires at the end of the period of 50 years from the end of the calendar year in which it is first made available to the public; and subsection (1) does not apply if the identity of the author becomes known after the end of that period.
For this purpose making available to the public includes—
a
in the case of a literary, dramatic or musical work—
i
performance in public, or
ii
being broadcast or included in a cable programme service;
b
in the case of an artistic work—
i
exhibition in public,
ii
a film including the work being shown in public, or
iii
being included in a broadcast or cable programme service;
but in determining generally for the purposes of this subsection whether a work has been made available to the public no account shall be taken of any unauthorised act.
3
If the work is computer-generated neither of the above provisions applies and copyright expires at the end of the period of 50 years from the end of the calendar year in which the work was made.
4
In relation to a work of joint authorship—
a
the reference in subsection (1) to the death of the author shall be construed —
i
if the identity of all the authors is known, as a reference to the death of the last of them to die, and
ii
if the identity of one or more of the authors is known and the identity of one or more others is not, as a reference to the death of the last of the authors whose identity is known; and
b
the reference in subsection (2) to the identity of the author becoming known shall be construed as a reference to the identity of any of the authors becoming known.
5
This section does not apply to Crown copyright or Parliamentary copyright (see sections 163 to 166) or to copyright which subsists by virtue of section 168 (copyright of certain international organisations).
13Duration of copyright in sound recordings and films
1
Copyright in a sound recording or film expires—
a
at the end of the period of 50 years from the end of the calendar year in which it is made, or
b
if it is released before the end of that period, 50 years from the end of the calendar year in which it is released.
2
A sound recording or film is “released” when—
a
it is first published, broadcast or included in a cable programme service, or
b
in the case of a film or film sound-track, the film is first shown in public;
but in determining whether a work has been released no account shall be taken of any unauthorised act.
14Duration of copyright in broadcasts and cable programmes
1
Copyright in a broadcast or cable programme expires at the end of the period of 50 years from the end of the calendar year in which the broadcast was made or the programme was included in a cable programme service.
2
Copyright in a repeat broadcast or cable programme expires at the same time as the copyright in the original broadcast or cable programme; and accordingly no copyright arises in respect of a repeat broadcast or cable programme which is broadcast or included in a cable programme service after the expiry of the copyright in the original broadcast or cable programme.
3
A repeat broadcast or cable programme means one which is a repeat either of a broadcast previously made or of a cable programme previously included in a cable programme service.
15Duration of copyright in typographical arrangement of published editions
Copyright in the typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition was first published.