Copyright, Designs and Patents Act 1988, section 153

Qualification for copyright protection

Part I Copyright

(1)Copyright does not subsist in a work unless the qualification requirements of this Chapter are satisfied as regards—

(a)the author (see section 154), or

(b)the country in which the work was first published (see section 155), or

(c)F400,F400in the case of a broadcast . . . , the country from which the broadcast was made . . . (see section 156).

(2)Subsection (1) does not apply in relation to Crown copyright or Parliamentary copyright (see sections 163 to [F401166DF401] ) or to copyright subsisting by virtue of section 168 (copyright of certain international organisations).

(3)If the qualification requirements of this Chapter, or section 163, 165 or 168, are once satisfied in respect of a work, copyright does not cease to subsist by reason of any subsequent event.

Definitions used in section 153 6

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
country

“country” includes any territory;

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
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 153 3

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

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

The provision was relied on in pleading eligibility for copyright protection. The court accepted that the pleaded copyright case had a real prospect of success (see para [164]).

Total Electrical Solutions UK Limited & Anor v Nortek Electrical Circuits Limited

[2025] EWHC 725 (Ch) · 7 March 2025Defines

The court notes that original literary and artistic works qualify for copyright protection subject to the statutory requirements, including those concerning the author. (see para [18])

Islestarr Holdings Ltd v Aldi Stores Ltd

[2019] EWHC 1473 (Ch) · 17 June 2019

The provision was relied upon in the pleaded case to identify Houston as a qualifying person. The court accepted that he was employed by Islestarr at the material time (see paras [52], [79]-[81]).

What each judgment says about section 153 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F400Words in s. 153(1)(c) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
  2. F401Word in s. 153(2) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 25 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act. text substituted for certain specified purposes only, see the commentary. Note: in some cases two versions of the measure may be present: the original version and substituted version.

Modifications

  1. C67Ss. 153, 154 extended by S.I. 1989/988, art. 2(1)
  2. C68S. 153 extended (1.7.1992) by S.I. 1992/1313, art. 2
  3. C69Ss. 153, 154 applied (with modifications) (4.5.1993) by S.I. 1993/942, arts. 2, 3, 4, 5, Sch. 4 (with art. 6)