Copyright, Designs and Patents Act 1988 - Works Subject To Copyright

Works Subject To Copyright

The Act simplifies the different categories of work which are protected by copyright, eliminating the specific treatment of engravings and photographs.

• literary, dramatic and musical works (s. 3): these must be recorded in writing or otherwise to be granted copyright, and copyright subsists from the date at which recording takes place
• artistic works (s. 4): includes buildings, photographs, engravings and works of artistic craftsmanship.
• sound recordings and films (s. 5)
• broadcasts (s. 6): a broadcast is a transmission by wireless telegraphy which is intended for, and capable of reception by, members of the public.
• cable programmes (s. 7). A cable programme is a part of a service which transmits images, sound or other information to two or more different places or to members of the public by any means other than wireless telegraphy. There are several exceptions, including general Internet use, which may be modified by Order in Council.
• published editions (s. 8) means the published edition of the whole or part of one or more literary, dramatic or musical works.

The following works are exempted from copyright by the transitional provisions of Schedule 1:

• artistic works made before 1 June 1957 which constituted a design which could be registered under the Registered Designs Act 1949 c. 88 (or repealed measures) and which was used as a model for reproduction by an industrial process (para. 6);
• films made before 1 June 1957: these are treated as dramatic works (if they so qualify under the 1911 Act) and/or as photographs (para. 7);
• broadcasts made before 1 June 1957 and cable programmes transmitted before 1 January 1985 (para; 9).

The Act as it received Royal Assent does not substantially change the qualification requirements of the author or the country of origin of the work, which are restated as ss. 153–156: these have since been largely modified, in particular by the Duration of Copyright and Related Rights Regulations 1995 No. 3297.