Copyright, Designs and Patents Act 1988, section 11

First ownership of copyright

Part I Copyright

(1)The author of a work is the first owner of any copyright in it, subject to the following provisions.

(2)Where a literary, dramatic, musical or artistic work[F30 , or a film,F30] is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary.

(3)This section does not apply to Crown copyright or Parliamentary copyright (see sections 163 and 165) or to copyright which subsists by virtue of section 168 (copyright of certain international organisations).

Definitions used in section 11 9

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
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
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
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
employee

“employed”, “employee”, “employer”, and “employment” refer to employment under a contract of service or of apprenticeship;

Defined in s.178 · see it in the full Act

“employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship;

Defined in Sch.4 para.38 · see it in the full Act
employment

“employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship;

Defined in Sch.4 para.38 · see it in the full Act

“employed”, “employee”, “employer”, and “employment” refer to employment under a contract of service or of apprenticeship;

Defined in s.178 · see it in the full Act

“employed”, “employee”, “employer”, and “employment” refer to employment under a contract of service or of apprenticeship;

Defined in s.178 · see it in the full Act
employer

“employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship;

Defined in Sch.4 para.38 · see it in the full Act

“employed”, “employee”, “employer”, and “employment” refer to employment under a contract of service or of apprenticeship;

Defined in s.178 · see it in the full Act
Crown copyright

(2) Copyright in such a work is referred to in this Part as “Crown copyright”, notwithstanding that it may be, or have been, assigned to another person.

Defined in s.163(2) · see it in the full Act
Parliamentary copyright

(7) The provisions of this section also apply, subject to any exceptions or modifications specified by Order in Council, to works made by or under the direction or control of any other legislative body of a country to which this Part extends; and references in this Part to “Parliamentary copyright” shall be construed accordingly.

Defined in s.165(7) · see it in the full Act

(2) Copyright in such a work is referred to in this Part as “Parliamentary copyright”, notwithstanding that it may be, or have been, assigned to another person.

Defined in s.165(2) · see it in the full Act

Cases considering section 11 36

Gray v Mulberry Company (Design) Ltd

[2019] EWCA Civ 1720 · 17 October 2019

Confirms the statutory starting point that the author is the first owner of copyright, subject to the statutory exceptions. The Court used this context in assessing the asserted belief. (see para [17]) Confirms the course-of-employment exception under which the employer is first owner of copyright, subject to agreement. The Court treated the claimant’s belief as consistent with that exception. (see paras [17], [37])

B4U Network (Europe) Ltd v Performing Right Society Ltd

[2013] EWCA Civ 1236 · 16 October 2013

Section 11 was treated as establishing the ordinary rule that the author is first owner, subject to specified exceptions. The Court held that the assignment clause covered rights the composers might own under that statutory scheme, regardless of who ultimately held title on creation. (see paras [17], [20], [35], [44]) Section 11(1) states that the author is first owner of copyright, subject to statutory exceptions. The Court referred to it in explaining why the composers’ future rights might be capable of ownership, but held that actual first ownership was not decisive. (see paras [17], [20]-[24]) Section 11(2) provides the employee-in-course-of-employment exception under which the employer is first owner, subject to agreement. The Court acknowledged the provision but did not need to determine whether it made the producer owner before the earlier assignment took effect. (see para [17], [20]-[24]) Section 11(3) records exceptions for Crown, Parliamentary and specified international-organisation copyright. The Court noted that none was suggested to apply. (see para [17])

Roadget Business Pte Ltd & Anor v Whaleco UK Limited

[2026] EWHC 2165 (Ch) · 13 August 2026

The court applied the rule that the author is the first copyright owner, concluding that Ms Chang initially owned copyright in the photographs. (see paras [89], [118])

16 more judgments, and what each says about section 11, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F30Words in s. 11(2) inserted (1.12.1996 with effect in relation to films made on or after 1.7.1994) by S.I. 1996/2967, regs. 18(3), 36