C2C3C4C5C6C7C8C9C10C11C12C13C14C15C17C18C16Part I Copyright
Pt. 1 extended (with modifications) by S.I. 1989/1293, arts. 2(3), 3, 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I.1993/942, art. 8, Sch. 5)
Pt. 1 extended (with modifications) by S.I. 1993/942, arts. 2(3), 4, 5, Sch. 4 (with art. 6) (as amended by S.I.1994/263, art. 2 and S.I. 1995/2987, art. 3) (which S.I. and amending S.Is. were revoked by S.I. 1999/1751, art. 8, Sch. 6)
Pt. 1 extended (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 2(3), 3, 4(3)(5), 5, 7, Schs. 2, 4, 5 (as amended (22.4.2003) by S.I. 2003/774, arts. 2-5) (which S.I. and amending S.I. were revoked (1.5.2005) by S.I. 2005/852, art. 8)
Pt. 1 extended in part (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by The Copyright (Bermuda) Order 2003 (S.I. 2003/1517), art. 2, Sch. (which S.I. was revoked (12.11.2009) by S.I. 2009/2749, arts. 1, 2)
Pt. 1 modified (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 37(2) (with regs. 31-40)
Pt. 1 extended (with modifications) (1.5.2005) by The Copyright and Performances (Application to Other Countries) Order 2005 (S.I. 2005/852), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))
Pt. 1 extended in part (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by The Copyright (Gibraltar) Order 2005 (S.I. 2005/853), art. 2, Sch. (which S.I. is revoked (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2006/1039, arts. 1, 2)
Pt. 1 extended (with modifications) (6.4.2006) by The Copyright and Performances (Application to Other Countries) Order 2006 (S.I. 2006/316), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))
Pt. 1 extended (with modifications) (6.4.2007) by The Copyright and Performances (Application to Other Countries) Order 2007 (S.I. 2007/273), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))
Pt. 1 extended (with modifications) (6.4.2008) by The Copyright and Performances (Application to Other Countries) Order 2008 (S.I. 2008/677), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))
Pt. 1 extended (with modifications) (6.4.2012) by The Copyright and Performances (Application to Other Countries) Order 2012 (S.I. 2012/799), arts. 1(1), arts. 2-5, Schs. (with art. 8) (which S.I. was revoked (6.4.2013) by S.I. 2013/536), art. 1(3))
Pt. 1 extended in part (with modifications) (6.4.2013) by The Copyright and Performances (Application to Other Countries) Order 2013 (S.I. 2013/536), arts. 1(1), 2, 4, 5, Sch. (with art. 8) (as amended (6.4.2015) by S.I. 2015/216, art. 2) (which S.I. and amending S.I. were revoked (6.4.2017) by S.I. 2016/1219, art. 1(3))
Pt. 1 extended in part (Cayman Islands) (with modifications) (coming into force in accordance with art. 1 of the amending Order) by The Copyright (Cayman Islands) Order 2015 (S.I. 2015/795), arts. 1, 2, Sch. (as amended by (S.I. 2016/370, arts. 1, 2-40)
Pt. 1 restricted (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 2, 3, 6 (with art. 13) (as amended (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2024/193, arts. 1(2), 3, 4, 5)
Pt. 1 extended (with modifications) (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 4, 5, 7, 8, Sch. Pt. 1 (with art. 13) (as amended: (26.6.2021) by S.I. 2021/636, arts. 1, 2(2); (1.12.2021) by S.I. 2021/1258, arts. 1, 2(2); (15.4.2023) by S.I. 2023/296, arts. 1, 2(2); and (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2024/193, arts. 1(2), 5)
Pt. 1: power to extend conferred (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 118(1), 119(7)(8)(a)
C1 Chapter I Subsistence, ownership and duration of copyright
Pt. 1 Ch. 1 applied in part (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)
Introductory
1 Copyright 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 F1or broadcasts, 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).
2 Rights 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
9 Authorship 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—
F23 ab
in the case of a film, the producer and the principal director;
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
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
10 Works 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.
F25 1A
A film shall be treated as a work of joint authorship unless the producer and the principal director are the same person.
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.
10AF44Works of co-authorship
1
In this Part a “work of co-authorship” means a work produced by the collaboration of the author of a musical work and the author of a literary work where the two works are created in order to be used together.
2
References in this Part to a work or the author of a work shall, except as otherwise provided, be construed in relation to a work of co-authorship as references to each of the separate musical and literary works comprised in the work of co-authorship and to each of the authors of such works.
11 First 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 F26, or a film, 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
F2712 Duration of copyright in literary, dramatic, musical or artistic works.
1
The following provisions have effect with respect to the duration of copyright in a literary, dramatic, musical or artistic work.
2
Copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies, subject as follows.
3
If the work is of unknown authorship, copyright expires—
a
at the end of the period of 70 years from the end of the calendar year in which the work was made, or
b
if during that period the work is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available,
subject as follows.
4
Subsection (2) applies if the identity of the author becomes known before the end of the period specified in paragraph (a) or (b) of subsection (3).
5
For the purposes of subsection (3) making available to the public includes—
a
in the case of a literary, dramatic or musical work—
i
performance in public, or
F28ii
communication to the public;
b
in the case of an artistic work—
i
exhibition in public,
ii
a film including the work being shown in public, or
F29iii
communication to the public;
but in determining generally for the purposes of that subsection whether a work has been made available to the public no account shall be taken of any unauthorised act.
6
Where the country of origin of the work is not F52the United Kingdom and the author of the work is not a national of F52the United Kingdom, the duration of copyright is that to which the work is entitled in the country of origin, provided that does not exceed the period which would apply under subsections (2) to (5).
7
If the work is computer-generated the above provisions do not apply 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.
8
The provisions of this section are adapted as follows in relation to a work of joint authorship F45or a work of co-authorship—
a
the reference in subsection (2) 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 whose identity is known;
b
the reference in subsection (4) to the identity of the author becoming known shall be construed as a reference to the identity of any of the authors becoming known;
9
This section does not apply to Crown copyright or Parliamentary copyright (see sections 163 to F30166D) or to copyright which subsists by virtue of section 168 (copyright of certain international organisations).
F3113A Duration of copyright in sound recordings.
1
The following provisions have effect with respect to the duration of copyright in a sound recording.
F322
Subject to subsections (4) and (5) F46and section 191HA(4), copyright expires—
a
at the end of the period of 50 years from the end of the calendar year in which the recording is made, or
b
if during that period the recording is published, F4770 years from the end of the calendar year in which it is first published, or
c
if during that period the recording is not published but is made available to the public by being played in public or communicated to the public, F4870 years from the end of the calendar year in which it is first so made available,
but in determining whether a sound recording has been published, played in public or communicated to the public, no account shall be taken of any unauthorised act.
3
F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
5
If or to the extent that the application of subsection (4) would be at variance with an international obligation to which the United Kingdom became subject prior to 29th October 1993, the duration of copyright shall be as specified in F34subsection (2).
F3513B Duration of copyright in films.
1
The following provisions have effect with respect to the duration of copyright in a film.
2
Copyright expires at the end of the period of 70 years from the end of the calendar year in which the death occurs of the last to die of the following persons—
a
the principal director,
b
the author of the screenplay,
c
the author of the dialogue, or
d
the composer of music specially created for and used in the film;
subject as follows.
3
If the identity of one or more of the persons referred to in subsection (2)(a) to (d) is known and the identity of one or more others is not, the reference in that subsection to the death of the last of them to die shall be construed as a reference to the death of the last whose identity is known.
4
If the identity of the persons referred to in subsection (2)(a) to (d) is unknown, copyright expires at—
a
the end of the period of 70 years from the end of the calendar year in which the film was made, or
b
if during that period the film is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available.
5
Subsections (2) and (3) apply if the identity of any of those persons becomes known before the end of the period specified in paragraph (a) or (b) of subsection (4).
6
For the purposes of subsection (4) making available to the public includes—
a
showing in public, or
F36b
communicating to the public;
but in determining generally for the purposes of that subsection whether a film has been made available to the public no account shall be taken of any unauthorised act.
7
Where the country of origin is not F55the United Kingdom and the author of the film is not a national of F55the United Kingdom, the duration of copyright is that to which the work is entitled in the country of origin, provided that does not exceed the period which would apply under subsections (2) to (6).
8
9
If in any case there is no person falling within paragraphs (a) to (d) of subsection (2), the above provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the film was made.
10
For the purposes of this section the identity of any of the persons referred to in subsection (2)(a) to (d) shall be regarded as unknown if it is not possible for a person to ascertain his identity by reasonable inquiry; but if the identity of any such person is once known it shall not subsequently be regarded as unknown.
13 Duration 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.
F3814 Duration of copyright in broadcasts F37. . . .
1
The following provisions have effect with respect to the duration of copyright in a broadcast F39. . . .
2
3
Where the author of the broadcast F39. . . is not a national of F57the United Kingdom, the duration of copyright in the broadcast F39. . . is that to which it is entitled in the country of which the author is a national, provided that does not exceed the period which would apply under subsection (2).
4
If or to the extent that the application of subsection (3) would be at variance with an international obligation to which the United Kingdom became subject prior to 29th October 1993, the duration of copyright shall be as specified in subsection (2).
5
6
15 Duration 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.
15AF43 Meaning of country of origin.
1
For the purposes of the provisions of this Part relating to the duration of copyright the country of origin of a work shall be determined as follows.
2
If the work is first published in a Berne Convention country and is not simultaneously published elsewhere, the country of origin is that country.
3
If the work is first published simultaneously in two or more countries only one of which is a Berne Convention country, the country of origin is that country.
4
If the work is first published simultaneously in two or more countries of which two or more are Berne Convention countries, then—
F58a
if the United Kingdom is one of those countries, the country of origin is the United Kingdom; and
b
F59if the United Kingdom is not one of those countries, the country of origin is the Berne Convention country which grants the shorter or shortest period of copyright protection.
5
If the work is unpublished or is first published in a country which is not a Berne Convention country (and is not simultaneously published in a Berne Convention country), the country of origin is—
a
if the work is a film and the maker of the film has his headquarters in, or is domiciled or resident in a Berne Convention country, that country;
b
if the work is—
i
a work of architecture constructed in a Berne Convention country, or
ii
an artistic work incorporated in a building or other structure situated in a Berne Convention country,
that country;
c
in any other case, the country of which the author of the work is a national.
6
In this section—
a
a “Berne Convention country” means a country which is a party to any Act of the International Convention for the Protection of Literary and Artistic Works signed at Berne on 9th September 1886; and
b
references to simultaneous publication are to publication within 30 days of first publication.
Pt. 1 extended (with modifications) by S.I. 1989/988, art. 2(3), 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I. 1989/1293, Sch. 5)