Copyright, Designs and Patents Act 1988, section 1

Copyright and copyright works

Part I Copyright

(1)Copyright is a property right which subsists in accordance with this Part in the following descriptions of work—

(a)original literary, dramatic, musical or artistic works,

(b)sound recordings, films[F1 or broadcastsF1] , and

(c)the typographical arrangement of published editions.

(2) In this Part “copyright work” means a work of any of those descriptions in which copyright subsists.

(3)Copyright does not subsist in a work unless the requirements of this Part with respect to qualification for copyright protection are met (see section 153 and the provisions referred to there).

Definitions used in section 1 5

artistic work

(1) In this Part “artistic work” means—

(a)a graphic work, photograph, sculpture or collage, irrespective of artistic quality,

(b)a work of architecture being a building or a model for a building, or

(c)a work of artistic craftsmanship.

Defined in s.4(1) · see it in the full Act

“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
sound recording

(1) In this Part “sound recording” means—

(a)a recording of sounds, from which the sounds may be reproduced, or

(b)a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced,

Defined in s.5A(1) · see it in the full Act

“sound recording” means—

Defined in s.5(1) · see it in the full Act
film

(1) In this Part “film” means a recording on any medium from which a moving image may by any means be produced.

Defined in s.5B(1) · see it in the full Act

“film” means a recording on any medium from which a moving image may by any means be produced.

Defined in s.5(1) · see it in the full Act
broadcast

(1) In this Part a “broadcast” means an electronic transmission of visual images, sounds or other information which—

(a)is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them, or

(b)is transmitted at a time determined solely by the person making the transmission for presentation to members of the public,

Defined in s.6(1) · see it in the full Act
published edition

(1) In this Part “published edition”, in the context of copyright in the typographical arrangement of a published edition, means a published edition of the whole or any part of one or more literary, dramatic or musical works.

Defined in s.8(1) · see it in the full Act

Cases considering section 1 61

Newspaper Licensing Agency Ltd v. Marks and Spencer Plc

[2001] UKHL 38 · 12 July 2001Defines

The provision was used to distinguish the possible literary copyright in an original newspaper article from the typographical copyright at issue (see para [4]). The provision formed part of the comparison between sound-recording copyright and copyright in a typographical arrangement (see para [11]). The provision confirms that copyright subsists in the typographical arrangement of a published edition. The protected edition was the newspaper as a whole (see paras [4]; [7]; [14]).

Aga Rangemaster Group Ltd v UK Innovations Group Ltd & Anor

[2025] EWCA Civ 1622 · 15 December 2025Defines

Section 1(1) was treated as establishing a closed statutory list of copyright works, including original artistic works. (see para [65]) Section 1(1)(a) identifies original literary, dramatic, musical and artistic works as copyright categories within the closed statutory list. (see para [65])

Lidl Great Britain Limited & Anor v Tesco Stores Limited & Anor

[2024] EWCA Civ 262 · 19 March 2024Interprets

The originality requirement was interpreted consistently with the author’s-own-intellectual-creation standard. The final-stage logo satisfied that standard because its author made free and creative choices (see paras [39]-[42]; [189]-[191]).

41 more judgments, and what each says about section 1, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F1Words in s. 1(1)(b) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 5(2) (with regs. 31-40)