Copyright
Author
John Lambert
Sep 2002
Last updated 3 Mar 2006
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.1A inserted by reg. 18 (2) of
The Copyright and Related Rights Regulations 1996 (SI 1996 No 2967) 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.
