Creator and first owner

In the case of written (including software and databases) theatrical, musical or artistic (including photographic) works, the author or creator of the work is also the first owner of any copyright in it.  The only exception to this is where the work is made by an employee in the course of his or her employment. In some situations two or more people may be joint authors and joint owners of copyright.

In the case of a film, the principal director and the film producer are joint authors and first owners of the copyright (and the economic rights).  Similar provisions to those referred to above, apply where the director is employed by someone.

In the case of a sound recording the author and first owner of copyright is the record producer, in the case of a broadcast, the broadcaster; and in the case of a published edition, the publisher.

Copyright is, however, a form of property which, like physical property, can be bought or sold, inherited or otherwise transferred, wholly or in part. So, some or all of the economic rights may subsequently belong to someone other than the original creator or first owner. In contrast, the moral rights accorded to authors of literary, dramatic, musical and artistic works and film directors remain with the author or director or pass to his or her heirs on death.  Such moral rights will last as long as copyright lasts provided the creator did not waive his moral rights.

Copyright in material produced by a Government department belongs to the Crown and the Office of Public Sector Information External Link (OPSI) can provide more information about this.

Fast Facts

  • First ownership of copyright is set out in Chapter I section 11(1) of the Act.
  • Crown copyright is considered in the Act at sections 163-167.

Jargon buster

  • Instead of 'creator' the Act uses the word 'author' to refer to the creator of many types of work (not just books).