Copyright, Designs and Patents Act 1988, section 10

Works of joint authorship

Part I Copyright

(1) In this Part a “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors.

F28 ( 1A )A film shall be treated as a work of joint authorship unless the producer and the principal director are the same person.

(2)A broadcast shall be treated as a work of joint authorship in any case where more than one person is to be taken as making the broadcast (see section 6(3)).

(3)References in this Part to the author of a work shall, except as otherwise provided, be construed in relation to a work of joint authorship as references to all the authors of the work.

Definitions used in section 10 5

author

(1) In this Part “author”, in relation to a work, means the person who creates it.

Defined in s.9(1) · see it in the full Act

“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
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
producer

“producer”, in relation to a sound recording or a film, means the person by whom the arrangements necessary for the making of the sound recording or film are undertaken;

Defined in s.178 · 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
made

(2)Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.

Defined in s.3(2) · see it in the full Act

Cases considering section 10 14

Kogan v Martin & Ors (Rev 1)

[2019] EWCA Civ 1645 · 9 October 2019Interprets

Joint authorship requires collaboration, authorship, sufficient authorial contribution and non-distinct contributions. Creative contributions extend beyond writing, and neither subjective joint intention nor equal control is required. Earlier collaboration does not itself establish authorship of a later draft analysed as a separate derivative work. (see paras [30]-[31]; [53]; [80]-[82]) Read with the statutory definition of author, references to the author of a jointly authored work encompass all its creators. This supports identifying joint authorship by the contributions to creation rather than by who performed the writing. (see para [36])

Prof. Ardemis Boghossian v IOP Publishing Limited & Anor

[2025] EWHC 3317 (IPEC) · 17 December 2025

Applies the definition of joint authorship requiring collaboration by two or more authors whose contributions are not distinct. The claimant failed to prove the required authorial contribution (see paras [30], [33]-[34], [79]-[91]).

Titan Wealth Services Limited & Anor v Tavistock Investments PLC & Ors

[2025] EWHC 3381 (Comm) · 11 December 2025

The proposed pleading relied on joint authorship under s 10. The court treated the ownership and authorship issues as matters for trial rather than summary determination (see paras [183]-[189]).

What each judgment says about section 10 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F28S. 10(1A) inserted (1.12.1996 with effet in relation to films made on or after 1.7.1994) by S.I. 1996/2967, regs. 18(2), 36