Copyright, Designs and Patents Act 1988

3 Literary, dramatic and musical works. U.K.

(1) In this Part—

• “literary work” means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes—

(a) a table or compilation [F1 other than a database], F2 . . .

(b) a computer program; F3 . . .[F4 (c) preparatory design material for a computer program][F5 and

F5 (d) a database]

• “dramatic work” includes a work of dance or mime; and

• “musical work” means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.

(2) Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.

(3) It is immaterial for the purposes of subsection (2) whether the work is recorded by or with the permission of the author; and where it is not recorded by the author, nothing in that subsection affects the question whether copyright subsists in the record as distinct from the work recorded.

Textual Amendments

F1 Words in s. 3(1)(a) inserted (1.1.1998) by S.I. 1997/3032, reg. 5(a) (with Pt. IV)

F2 Word in s. 3(1) omitted (1.1.1993) by virtue of S.I. 1992/3233, reg. 3

F3 Word in s. 3(1)(b) left out (1.1.1998) by virtue of S.I. 1997/3032, reg. 5(b) (with Pt. IV)

F4 Word and s. 3(1)(c) inserted (1.1.1993) by S.I. 1992/3233, reg. 3

F5 S. 3(1)(d) and word preceding it inserted (1.1.1998) by S.I. 1997/3032, reg. 5(c) (with Pt. IV)