Office of Public Sector Information
PART I continued CHAPTER IV continued
(1) This section applies to—
(a) works in which copyright originally vested in the author’s employer by virtue of section 11(2) (works produced in course of employment) or in the director’s employer by virtue of section 9(2)(a) (person to be treated as author of film),
(b) works in which Crown copyright or Parliamentary copyright subsists, and
(c) works in which copyright originally vested in an international organisation by virtue of section 168.
(2) The right conferred by section 80 (right to object to derogatory treatment of work) does not apply to anything done in relation to such a work by or with the authority of the copyright owner unless the author or director—
(a) is identified at the time of the relevant act, or
(b) has previously been identified in or on published copies of the work;
and where in such a case the right does apply, it is not infringed if there is a sufficient disclaimer.
(1) The right conferred by section 80 (right to object to derogatory treatment of work) is also infringed by a person who—
(a) possesses in the course of a business, or
(b) sells or lets for hire, or offers or exposes for sale or hire, or
(c) in the course of a business exhibits in public or distributes, or
(d) distributes otherwise than in the course of a business so as to affect prejudicially the honour or reputation of the author or director,
an article which is, and which he knows or has reason to believe is, an infringing article.
(2) An “infringing article” means a work or a copy of a work which—
(a) has been subjected to derogatory treatment within the meaning of section 80, and
(b) has been or is likely to be the subject of any of the acts mentioned in that section in circumstances infringing that right.
(1) A person has the right in the circumstances mentioned in this section—
(a) not to have a literary, dramatic, musical or artistic work falsely attributed to him as author, and
(b) not to have a film falsely attributed to him as director;
and in this section an “attribution”, in relation to such a work, means a statement (express or implied) as to who is the author or director.
(2) The right is infringed by a person who—
(a) issues to the public copies of a work of any of those descriptions in or on which there is a false attribution, or
(b) exhibits in public an artistic work, or a copy of an artistic work, in or on which there is a false attribution.
(3) The right is also infringed by a person who—
(a) in the case of a literary, dramatic or musical work, performs the work in public, broadcasts it or includes it in a cable programme service as being the work of a person, or
(b) in the case of a film, shows it in public, broadcasts it or includes it in a cable programme service as being directed by a person,
knowing or having reason to believe that the attribution is false.
(4) The right is also infringed by the issue to the public or public display of material containing a false attribution in connection with any of the acts mentioned in subsection (2) or (3).
(5) The right is also infringed by a person who in the course of a business—
(a) possesses or deals with a copy of a work of any of the descriptions mentioned in subsection (1) in or on which there is a false attribution, or
(b) in the case of an artistic work, possesses or deals with the work itself when there is a false attribution in or on it,
knowing or having reason to believe that there is such an attribution and that it is false.
(6) In the case of an artistic work the right is also infringed by a person who in the course of a business—
(a) deals with a work which has been altered after the author parted with possession of it as being the unaltered work of the author, or
(b) deals with a copy of such a work as being a copy of the unaltered work of the author,
knowing or having reason to believe that that is not the case.
(7) References in this section to dealing are to selling or letting for hire, offering or exposing for sale or hire, exhibiting in public, or distributing.
(8) This section applies where, contrary to the fact—
(a) a literary, dramatic or musical work is falsely represented as being an adaptation of the work of a person, or
(b) a copy of an artistic work is falsely represented as being a copy made by the author of the artistic work,
as it applies where the work is falsely attributed to a person as author.
(1) A person who for private and domestic purposes commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have-
(a) copies of the work issued to the public,
(b) the work exhibited or shown in public, or
(c) the work broadcast or included in a cable programme service;
and, except as mentioned in subsection (2), a person who does or authorises the doing of any of those acts infringes that right.
(2) The right is not infringed by an act which by virtue of any of the following provisions would not infringe copyright in the work—
(a) section 31 (incidental inclusion of work in an artistic work, film, broadcast or cable programme);
(b) section 45 (parliamentary and judicial proceedings);
(c) section 46 (Royal Commissions and statutory inquiries);
(d) section 50 (acts done under statutory authority);
(e) section 57 (anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author).
(1) The rights conferred by section 77 (right to be identified as author or director), section 80 (right to object to derogatory treatment of work) and section 85 (right to privacy of certain photographs and films) continue to subsist so long as copyright subsists in the work.
(2) The right conferred by section 84 (false attribution) continues to subsist until 20 years after a person’s death.
(1) It is not an infringement of any of the rights conferred by this Chapter to do any act to which the person entitled to the right has consented.
(2) Any of those rights may be waived by instrument in writing signed by the person giving up the right.
(3) A waiver—
(a) may relate to a specific work, to works of a specified description or to works generally, and may relate to existing or future works, and
(b) may be conditional or unconditional and may be expressed to be subject to revocation;
and if made in favour of the owner or prospective owner of the copyright in the work or works to which it relates, it shall be presumed to extend to his licensees and successors in title unless a contrary intention is expressed.
(4) Nothing in this Chapter shall be construed as excluding the operation of the general law of contract or estoppel in relation to an informal waiver or other transaction in relation to any of the rights mentioned in subsection (1).
(1) The right conferred by section 77 (right to be identified as author or director) is, in the case of a work of joint authorship, a right of each joint author to be identified as a joint author and must be asserted in accordance with section 78 by each joint author in relation to himself.
(2) The right conferred by section 80 (right to object to derogatory treatment of work) is, in the case of a work of joint authorship, a right of each joint author and his right is satisfied if he consents to the treatment in question.
(3) A waiver under section 87 of those rights by one joint author does not affect the rights of the other joint authors.
(4) The right conferred by section 84 (false attribution) is infringed, in the circumstances mentioned in that section—
(a) by any false statement as to the authorship of a work of joint authorship, and
(b) by the false attribution of joint authorship in relation to a work of sole authorship;
and such a false attribution infringes the right of every person to whom authorship of any description is, whether rightly or wrongly, attributed.
(5) The above provisions also apply (with any necessary adaptations) in relation to a film which was, or is alleged to have been, jointly directed, as they apply to a work which is, or is alleged to be, a work of joint authorship.
A film is “jointly directed” if it is made by the collaboration of two or more directors and the contribution of each director is not distinct from that of the other director or directors.
(6) The right conferred by section 85 (right to privacy of certain photographs and films) is, in the case of a work made in pursuance of a joint commission, a right of each person who commissioned the making of the work, so that—
(a) the right of each is satisfied if he consents to the act in question, and
(b) a waiver under section 87 by one of them does not affect the rights of the others.
(1) The rights conferred by section 77 (right to be identified as author or director) and section 85 (right to privacy of certain photographs and films) apply in relation to the whole or any substantial part of a work.
(2) The rights conferred by section 80 (right to object to derogatory treatment of work) and section 84 (false attribution) apply in relation to the whole or any part of a work.
(1) Copyright is transmissible by assignment, by testamentary disposition or by operation of law, as personal or moveable property.
(2) An assignment or other transmission of copyright may be partial, that is, limited so as to apply—
(a) to one or more, but not all, of the things the copyright owner has the exclusive right to do;
(b) to part, but not the whole, of the period for which the copyright is to subsist.
(3) An assignment of copyright is not effective unless it is in writing signed by or on behalf of the assignor.
(4) A licence granted by a copyright owner is binding on every successor in title to his interest in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Part to doing anything with, or without, the licence of the copyright owner shall be construed accordingly.
(1) Where by an agreement made in relation to future copyright, and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright (wholly or partially) to another person, then if, on the copyright coming into existence, the assignee or another person claiming under him would be entitled as against all other persons to require the copyright to be vested in him, the copyright shall vest in the assignee or his successor in title by virtue of this subsection.
(2) In this Part—
“future copyright” means copyright which will or may come into existence in respect of a future work or class of works or on the occurrence of a future event; and
“prospective owner” shall be construed accordingly, and includes a person who is prospectively entitled to copyright by virtue of such an agreement as is mentioned in subsection (1).
(3) A licence granted by a prospective owner of copyright is binding on every successor in title to his interest (or prospective interest) in the right, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Part to doing anything with, or without, the licence of the copyright owner shall be construed accordingly.
(1) In this Part an “exclusive licence” means a licence in writing signed by or on behalf of the copyright owner authorising the licensee to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the copyright owner.
(2) The licensee under an exclusive licence has the same rights against a successor in title who is bound by the licence as he has against the person granting the licence.
Where under a bequest (whether specific or general) a person is entitled, beneficially or otherwise, to—
(a) an original document or other material thing recording or embodying a literary, dramatic, musical or artistic work which was not published before the death of the testator, or
(b) an original material thing containing a sound recording or film which was not published before the death of the testator,
the bequest shall, unless a contrary intention is indicated in the testator’s will or a codicil to it, be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.
The rights conferred by Chapter IV (moral rights) are not assignable.
(1) On the death of a person entitled to the right conferred by section 77 (right to identification of author or director), section 80 (right to object to derogatory treatment of work) or section 85 (right to privacy of certain photographs and films)—
(a) the right passes to such person as he may by testamentary disposition specifically direct,
(b) if there is no such direction but the copyright in the work in question forms part of his estate, the right passes to the person to whom the copyright passes, and
(c) if or to the extent that the right does not pass under paragraph (a) or (b) it is exercisable by his personal representatives.
(2) Where copyright forming part of a person’s estate passes in part to one person and in part to another, as for example where a bequest is limited so as to apply—
(a) to one or more, but not all, of the things the copyright owner has the exclusive right to do or authorise, or
(b) to part, but not the whole, of the period for which the copyright is to subsist,
any right which passes with the copyright by virtue of subsection (1) is correspondingly divided.
(3) Where by virtue of subsection (1)(a) or (b) a right becomes exercisable by more than one person—
(a) it may, in the case of the right conferred by section 77 (right to identification of author or director), be asserted by any of them;
(b) it is, in the case of the right conferred by section 80 (right to object to derogatory treatment of work) or section 85 (right to privacy of certain photographs and films), a right exercisable by each of them and is satisfied in relation to any of them if he consents to the treatment or act in question; and
(c) any waiver of the right in accordance with section 87 by one of them does not affect the rights of the others.
(4) A consent or waiver previously given or made binds any person to whom a right passes by virtue of subsection (1).
(5) Any infringement after a person’s death of the right conferred by section 84 (false attribution) is actionable by his personal representatives.
(6) Any damages recovered by personal representatives by virtue of this section in respect of an infringement after a person’s death shall devolve as part of his estate as if the right of action had subsisted and been vested in him immediately before his death.
(1) An infringement of copyright is actionable by the copyright owner.
(2) In an action for infringement of copyright all such relief by way of damages, injunctions, accounts or otherwise is available to the plaintiff as is available in respect of the infringement of any other property right.
(3) This section has effect subject to the following provisions of this Chapter.
(1) Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy.
(2) The court may in an action for infringement of copyright having regard to all the circumstances, and in particular to—
(a) the flagrancy of the infringement, and
(b) any benefit accruing to the defendant by reason of the infringement,
award such additional damages as the justice of the case may require.
(1) If in proceedings for infringement of copyright in respect of which a licence is available as of right under section 144 (powers exercisable in consequence of report of Monopolies and Mergers Commission) the defendant undertakes to take a licence on such terms as may be agreed or, in default of agreement, settled by the Copyright Tribunal under that section—
(a) no injunction shall be granted against him,
(b) no order for delivery up shall be made under section 99, and
(c) the amount recoverable against him by way of damages or on an account of profits shall not exceed double the amount which would have been payable by him as licensee if such a licence on those terms had been granted before the earliest infringement.
(2) An undertaking may be given at any time before final order in the proceedings, without any admission of liability.
(3) Nothing in this section affects the remedies available in respect of an infringement committed before licences of right were available.
(1) Where a person—
(a) has an infringing copy of a work in his possession, custody or control in the course of a business, or
(b) has in his possession, custody or control an article specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that it has been or is to be used to make infringing copies,
the owner of the copyright in the work may apply to the court for an order that the infringing copy or article be delivered up to him or to such other person as the court may direct.
(2) An application shall not be made after the end of the period specified in section 113 (period after which remedy of delivery up not available); and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section 114 (order as to disposal of infringing copy or other article).
(3) A person to whom an infringing copy or other article is delivered up in pursuance of an order under this section shall, if an order under section 114 is not made, retain it pending the making of an order, or the decision not to make an order, under that section.
(4) Nothing in this section affects any other power of the court.
(1) An infringing copy of a work which is found exposed or otherwise immediately available for sale or hire, and in respect of which the copyright owner would be entitled to apply for an order under section 99, may be seized and detained by him or a person authorised by him.
The right to seize and detain is exercisable subject to the following conditions and is subject to any decision of the court under section 114.
(2) Before anything is seized under this section notice of the time and place of the proposed seizure must be given to a local police station.
(3) A person may for the purpose of exercising the right conferred by this section enter premises to which the public have access but may not seize anything in the possession, custody or control of a person at a permanent or regular place of business of his, and may not use any force.
(4) At the time when anything is seized under this section there shall be left at the place where it was seized a notice in the prescribed form containing the prescribed particulars as to the person by whom or on whose authority the seizure is made and the grounds on which it is made.
(5) In this section—
“premises” includes land, buildings, moveable structures, vehicles, vessels, aircraft and hovercraft; and “prescribed” means prescribed by order of the Secretary of State.
(6) An order of the Secretary of State under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) An exclusive licensee has, except against the copyright owner, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment.
(2) His rights and remedies are concurrent with those of the copyright owner; and references in the relevant provisions of this Part to the copyright owner shall be construed accordingly.
(3) In an action brought by an exclusive licensee by virtue of this section a defendant may avail himself of any defence which would have been available to him if the action had been brought by the copyright owner.
(1) Where an action for infringement of copyright brought by the copyright owner or an exclusive licensee relates (wholly or partly) to an infringement in respect of which they have concurrent rights of action, the copyright owner or, as the case may be, the exclusive licensee may not, without the leave of the court, proceed with the action unless the other is either joined as a plaintiff or added as a defendant.
(2) A copyright owner or exclusive licensee who is added as a defendant in pursuance of subsection (1) is not liable for any costs in the action unless he takes part in the proceedings.
(3) The above provisions do not affect the granting of interlocutory relief on an application by a copyright owner or exclusive licensee alone.
(4) Where an action for infringement of copyright is brought which relates (wholly or partly) to an infringement in respect of which the copyright owner and an exclusive licensee have or had concurrent rights of action—
(a) the court shall in assessing damages take into account—
(i) the terms of the licence, and
(ii) any pecuniary remedy already awarded or available to either of them in respect of the infringement;
(b) no account of profits shall be directed if an award of damages has been made, or an account of profits has been directed, in favour of the other of them in respect of the infringement; and
(c) the court shall if an account of profits is directed apportion the profits between them as the court considers just, subject to any agreement between them;
and these provisions apply whether or not the copyright owner and the exclusive licensee are both parties to the action.
(5) The copyright owner shall notify any exclusive licensee having concurrent rights before applying for an order under section 99 (order for delivery up) or exercising the right conferred by section 100 (right of seizure); and the court may on the application of the licensee make such order under section 99 or, as the case may be, prohibiting or permitting the exercise by the copyright owner of the right conferred by section 100, as it thinks fit having regard to the terms of the licence.
(1) An infringement of a right conferred by Chapter IV (moral rights) is actionable as a breach of statutory duty owed to the person entitled to the right.
(2) In proceedings for infringement of the right conferred by section 80 (right to object to derogatory treatment of work) the court may, if it thinks it is an adequate remedy in the circumstances, grant an injunction on terms prohibiting the doing of any act unless a disclaimer is made, in such terms and in such manner as may be approved by the court, dissociating the author or director from the treatment of the work.
(1) The following presumptions apply in proceedings brought by virtue of this Chapter with respect to a literary, dramatic, musical or artistic work.
(2) Where a name purporting to be that of the author appeared on copies of the work as published or on the work when it was made, the person whose name appeared shall be presumed, until the contrary is proved—
(a) to be the author of the work;
(b) to have made it in circumstances not falling within section 11(2), 163, 165 or 168 (works produced in course of employment, Crown copyright, Parliamentary copyright or copyright of certain international organisations).
(3) In the case of a work alleged to be a work of joint authorship, subsection (2) applies in relation to each person alleged to be one of the authors.
(4) Where no name purporting to be that of the author appeared as mentioned in subsection (2) but—
(a) the work qualifies for copyright protection by virtue of section 155 (qualification by reference to country of first publication), and
(b) a name purporting to be that of the publisher appeared on copies of the work as first published,
the person whose name appeared shall be presumed, until the contrary is proved, to have been the owner of the copyright at the time of publication.
(5) If the author of the work is dead or the identity of the author cannot be ascertained by reasonable inquiry, it shall be presumed, in the absence of evidence to the contrary—
(a) that the work is an original work, and
(b) that the plaintiff’s allegations as to what was the first publication of the work and as to the country of first publication are correct.
(1) In proceedings brought by virtue of this Chapter with respect to a sound recording, where copies of the recording as issued to the public bear a label or other mark stating—
(a) that a named person was the owner of copyright in the recording at the date of issue of the copies, or
(b) that the recording was first published in a specified year or in a specified country,
the label or mark shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.
(2) In proceedings brought by virtue of this Chapter with respect to a film, where copies of the film as issued to the public bear a statement—
(a) that a named person was the author or director of the film,
(b) that a named person was the owner of copyright in the film at the date of issue of the copies, or
(c) that the film was first published in a specified year or in a specified country,
the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.
(3) In proceedings brought by virtue of this Chapter with respect to a computer program, where copies of the program are issued to the public in electronic form bearing a statement—
(a) that a named person was the owner of copyright in the program at the date of issue of the copies, or
(b) that the program was first published in a specified country or that copies of it were first issued to the public in electronic form in a specified year,
the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.
(4) The above presumptions apply equally in proceedings relating to an infringement alleged to have occurred before the date on which the copies were issued to the public.
(5) In proceedings brought by virtue of this Chapter with respect to a film, where the film as shown in public, broadcast or included in a cable programme service bears a statement—
(a) that a named person was the author or director of the film, or
(b) that a named person was the owner of copyright in the film immediately after it was made,
the statement shall be admissible as evidence of the facts stated and shall be presumed to be correct until the contrary is proved.
This presumption applies equally in proceedings relating to an infringement alleged to have occurred before the date on which the film was shown in public, broadcast or included in a cable programme service.
In proceedings brought by virtue of this Chapter with respect to a literary, dramatic or musical work in which Crown copyright subsists, where there appears on printed copies of the work a statement of the year in which the work was first published commercially, that statement shall be admissible as evidence of the fact stated and shall be presumed to be correct in the absence of evidence to the contrary.
(1) A person commits an offence who, without the licence of the copyright owner—
(a) makes for sale or hire, or
(b) imports into the United Kingdom otherwise than for his private and domestic use, or
(c) possesses in the course of a business with a view to committing any act infringing the copyright, or
(d) in the course of a business —
(i) sells or lets for hire, or
(ii) offers or exposes for sale or hire, or
(iii) exhibits in public, or
(iv) distributes, or
(e) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,
an article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work.
Copyright, Designs and Patents Act 1988