CDPA 1988 Sch.1 para.27 – Assignments and licences

27 (1) Where the author of a literary, dramatic, musical or artistic work was the first owner of the copyright in it, no assignment of the copyright and no grant of any interest in it, made by him (otherwise than by will) after the passing of the 1911 Act and before 1st June 1957, shall be operative to vest in the assignee or grantee any rights with respect to the copyright in the work beyond the expiration of 25 years from the death of the author.

(2) The reversionary interest in the copyright expectant on the termination of that period may after commencement be assigned by the author during his life but in the absence of any assignment shall, on his death, devolve on his legal personal representatives as part of his estate.

(3) Nothing in this paragraph affects—

(a) an assignment of the reversionary interest by a person to whom it has been assigned,

(b) an assignment of the reversionary interest after the death of the author by his personal representatives or any person becoming entitled to it, or

(4) Nothing in this paragraph applies to the assignment of the copyright in a collective work or a licence to publish a work or part of a work as part of a collective work.

(5) In sub-paragraph (4) “collective work” means—

(a) any encyclopaedia, dictionary, yearbook, or similar work;

(b) a newspaper, review, magazine, or similar periodical; and

(c) any work written in distinct parts by different authors, or in which works or parts of works of different authors are incorporated.

Definitions used in Schedule 1, paragraph 27 6

author: “author”, in relation to a design, has the meaning given by section 2(3) and (4);
Defined in Sch.4 para.38 · see it in the full Act; (3) In this Act the “author” of a design means the person who creates it.
Defined in Sch.4 para.38 · see it in the full Act
artistic work: “artistic work” has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988 ;
Defined in Sch.4 para.38 · see it in the full Act
the 1911 Act: “the 1911 Act” means the Copyright Act 1911 ,
Defined in Sch.1 para.1(1) · see it in the full Act
assignee: “assignee” includes the personal representative of a deceased assignee, and references to the assignee of any person include references to the assignee of the personal representative or assignee of that person;
Defined in Sch.4 para.38 · see it in the full Act
commencement: (2) References in this Schedule to “commencement”, without more, are to the date on which the new copyright provisions come into force.
Defined in Sch.1 para.1(2) · see it in the full Act
personal representative: (4) For the purposes of subsection (1) of section 14 and of section 16 of this Act , the expression “personal representative”, in relation to a deceased person, includes the legal representative of the deceased appointed in any country outside the United Kingdom.
Defined in Sch.4 para.38 · see it in the full Act

Cases considering Schedule 1, paragraph 27 3

Novello & Company Ltd v Keith Prowse Music Publishing Company Ltd

[2004] EWHC 766 (Ch) · 7 April 2004Interprets

The court held that paragraph 27(1) made clear that assignments before 1 June 1957 remained ineffective to transfer the reversionary interest (see paras [9], [11]-[12]). The court held that paragraph 27(2) permits a living author to assign the reversionary interest after commencement of the 1988 Act, while providing for vesting in the author’s personal representatives if no assignment is made (see para [12]). The court referred to paragraph 27(3) as preserving specified assignments of the reversionary interest and assignments made after the interest had fallen in (see para [9]).

Peer International Corporation & Ors v Termidor Music Publishers Ltd. & Ors

[2003] EWCA Civ 1156 · 30 July 2003

Paragraph 27 of Schedule 1 preserves the effect of the reversionary-right provision in section 5(2) of the Copyright Act 1911. The court treated that preservation as governing the copyright inherited by the composers’ heirs (see para [49]).

Peer International Corporation & Ors v Termidor Music Publishers Ltd & Ors

[2006] EWHC 2883 (Ch) · 16 November 2006

Preserved the effect of the section 5(2) proviso for assignments made before 1 June 1957. The court applied that preservation when analysing the continuing relevance of the 1911 Act reversions. (see paras [48]-[50])

What each judgment says about Schedule 1, paragraph 27 is in the case-law panel in the full Act.