Copyright
First Ownership
Jane Lambert
Sep
2002,
S. 11 (1) of the Copyright Designs and Patents Act 1988 ("the CDPA") provides that the author of a work is the first owner of any copyright in it subject to the following exceptions. The first is provided by s.11 (2):
"Where a literary, dramatic, musical or artistic work 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."
The second exception is where Crown or Parliamentary copyright subsists in a work. S.163 (1) (b) provides that where a work is made by Her Majesty or by an officer or servant of the Crown in the course of his duties, Her Majesty is the first owner of any copyright in the work. Similarly, s.165 (1) (b) provides that where a work is made by or under the direction or control of the House of Commons or the House of Lords. Such works include works made by or under the direction or control of the House of Commons or the House of Lords include those made by an officer or employee of that House in the course of his duties, and any sound recording, film, live broadcast or live cable programme of the proceedings of that House. However, a work is not regarded as made by or under the direction or control of either House by reason only of its being commissioned by or on behalf of that House. Copyright in a bill introduced into Parliament belongs to one or both of the Houses of Parliament. Parliamentary copyright in a bill continues until the bill receives the royal assent or is defeated.
See also the
article
Author and the cases referred to therein.
