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The author of a work is
the person who creates it (s. 9 of the
Copyright Designs and Patents Act 1988 ("the
CDPA"). In the case of a sound recording the author means the
producer, in the case of a film the producer and principal director, in the
case of a broadcast the person making the broadcast (unless the broadcast is
in fact a relay and immediate re-transmission of another broadcast in which
case it is the person making that other broadcast). In the case of the
typographical arrangement of a published edition the publisher. Before the
31 Oct 2003 when the law was changed by The Copyright and Related Rights
Regulations 2003, the author of a cable broadcast was the person providing
the cable programme service in which the programme is included.
Computer Generated
Works
The author of a computer generated artistic, dramatic, literary or musical
work is the person who undertakes the arrangements necessary for the
creation of the work (see s. 9 (3)).
Joint Authorship
S. 10 (1) provides that "work of joint authorship" is 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. A new s.10
(1A) inserted by reg. 18 (2) of The Copyright and Related Rights Regulations
1996 (SI 1996 No 2967) provides that a film is automatically treated as a
work of joint authorship unless the producer and principal director are one
and the same person. A broadcast is treated as a work of joint authorship
where more than one person is to taken as making the broadcast.
Unknown Authorship
S. 9 (4) provides that 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. 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. However, should the author's identity once
be known the authorship of the work shall not subsequently be regarded as
unknown.
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