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Copyright, Designs and Patents Act 1988

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Qualification for copyright protectionE+W+S+N.I.

153 Qualification for copyright protection.E+W+S+N.I.

(1)Copyright does not subsist in a work unless the qualification requirements of this Chapter are satisfied as regards—

(a)the author (see section 154), or

(b)the country in which the work was first published (see section 155), or

(c)in the case of a broadcast F1. . . , the country from which the broadcast was made F1. . . (see section 156).

(2)Subsection (1) does not apply in relation to Crown copyright or Parliamentary copyright (see sections 163 to [F2166D]) or to copyright subsisting by virtue of section 168 (copyright of certain international organisations).

(3)If the qualification requirements of this Chapter, or section 163, 165 or 168, are once satisfied in respect of a work, copyright does not cease to subsist by reason of any subsequent event.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Word in s. 153(2) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 25 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Modifications etc. (not altering text)

C2S. 153 extended (1.7.1992) by S.I. 1992/1313, art. 2

C3Ss. 153, 154 applied (with modifications) (4.5.1993) by S.I. 1993/942, arts. 2, 3, 4, 5, Sch. 4 (with art. 6)

Ss. 153-155 applied (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 2(1)(2), 5, Sch. 1, Sch. 5 (as amended 22.4.2003 by S.I. 2003/774, arts. 2-5)

Ss. 153, 154, 155 applied (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 2(1)(2), 3, 5, Sch. 1, Sch. 2, Sch. 5 (as amended 22.4.2003 by S.I. 2003/774, arts. 2-5)

Ss. 153, 154, 156 applied (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 4(1)(2)(5), 5 (as amended 22.4.2003 by S.I. 2003/774, arts. 2-5)

154 Qualification by reference to author.E+W+S+N.I.

(1)A work qualifies for copyright protection if the author was at the material time a qualifying person, that is—

(a)a British citizen, a British Dependent Territories citizen, a British National (Overseas), a British Overseas citizen, a British subject or a British protected person within the meaning of the M1British Nationality Act 1981, or

(b)an individual domiciled or resident in the United Kingdom or another country to which the relevant provisions of this Part extend, or

(c)a body incorporated under the law of a part of the United Kingdom or of another country to which the relevant provisions of this Part extend.

(2)Where, or so far as, provision is made by Order under section 159 (application of this Part to countries to which it does not extend), a work also qualifies for copyright protection if at the material time the author was a citizen or subject of, an individual domiciled or resident in, or a body incorporated under the law of, a country to which the Order relates.

(3)A work of joint authorship qualifies for copyright protection if at the material time any of the authors satisfies the requirements of subsection (1) or (2); but where a work qualifies for copyright protection only under this section, only those authors who satisfy those requirements shall be taken into account for the purposes of—

section 11(1) and (2) (first ownership of copyright; entitlement of author or author’s employer),

[F3section 12 (duration of copyright), and section 9(4) (meaning of “unknown authorship”) so far as it applies for the purposes of section 12, and]

section 57 (anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author).

(4)The material time in relation to a literary, dramatic, musical or artistic work is—

(a)in the case of an unpublished work, when the work was made or, if the making of the work extended over a period, a substantial part of that period;

(b)in the case of a published work, when the work was first published or, if the author had died before that time, immediately before his death.

(5)The material time in relation to other descriptions of work is as follows—

(a)in the case of a sound recording or film, when it was made;

(b)in the case of a broadcast, when the broadcast was made;

(c)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in the case of the typographical arrangement of a published edition, when the edition was first published.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Paragraph in s. 154(3) substituted (1.1.1996) by S.I. 1995/3297, reg. 5(3) (with Pt. III)

Modifications etc. (not altering text)

C5S. 154 extended (1.7.1992) by S.I. 1992/1313, art. 2

C6Ss. 153, 154 applied (with modifications) (4.5.1993) by S.I. 1993/942, arts. 2, 3, 4, 5, Sch. 4 (with art. 6)

Ss. 153-155 applied (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 2(1)(2), 5, Sch. 1, Sch. 5 (as amended 22.4.2003 by S.I. 2003/774, arts. 2-5)

Ss. 153, 154, 155 applied (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 2(1)(2), 3, 5, Sch. 1, Sch. 2, Sch. 5 (as amended 22.4.2003 by S.I. 2003/774, arts. 2-5)

Ss. 153, 154, 156 applied (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 4(1)(2)(5), 5, Sch. 5 (as amended 22.4.2003 by S.I. 2003/774, arts. 2-5)

Marginal Citations

155 Qualification by reference to country of first publication.E+W+S+N.I.

(1)A literary, dramatic, musical or artistic work, a sound recording or film, or the typographical arrangement of a published edition, qualifies for copyright protection if it is first published—

(a)in the United Kingdom, or

(b)in another country to which the relevant provisions of this Part extend.

(2)Where, or so far as, provision is made by Order under section 159 (application of this Part to countries to which it does not extend), such a work also qualifies for copyright protection if it is first published in a country to which the Order relates.

(3)For the purposes of this section, publication in one country shall not be regarded as other than the first publication by reason of simultaneous publication elsewhere; and for this purpose publication elsewhere within the previous 30 days shall be treated as simultaneous.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C7S. 155 extended with modifications by S.I. 1989/1293, arts. 2(1), 3, 5, 6, Schs. 1, 2, 3, 4

C8S. 155 extended (1.7.1992) by S.I. 1992/1313, art.2

C9S. 155 applied (with modifications) (4.5.1993) by S.I. 1993/942, arts.2, 3, 5, Sch. 4 (with art. 6)

Ss. 153-155 applied (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 2(1)(2), 5, Sch. 1, Sch. 5 (as amended 22.4.2003 by S.I. 2003/774, arts. 2-5)

Ss. 153, 154, 155 applied (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 2(1)(2), 3, 5, Sch. 1, Sch. 2, Sch. 5 (as amended 22.4.2003 by S.I. 2003/774, arts. 2-5)

156 Qualification by reference to place of transmission.E+W+S+N.I.

(1)A broadcast qualifies for copyright protection if it is made from F5. . . a place in—

(a)the United Kingdom, or

(b)another country to which the relevant provisions of this Part extend.

(2)Where, or so far as, provision is made by Order under section 159 (application of this Part to countries to which it does not extend), a broadcast F5. . . also qualifies for copyright protection if it is made from F5. . . a place in a country to which the Order relates.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C10S. 156 extended (1.7.1992) by S.I. 1992/1313, art.2

C11S. 156 applied (with modifications) (4.5.1993) by S.I. 1993/942, art.4, 5, Sch. 4 (with art. 6)

Ss. 153, 154, 156 applied (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 4(1)(2)(5), 5 (as amended 22.4.2003 by S.I. 2003/774, arts. 2-5)

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