Copyright, Designs and Patents Act 1988, section 154

Qualification by reference to author

Part I Copyright

(1)A work qualifies for copyright protection if the author was at the material time a qualifying person, that is—

(a)F402,M12a British citizen, ... a British Dependent Territories citizen, a British National (Overseas), a British Overseas citizen, a British subject or a British protected person within the meaning of the British Nationality Act 1981, or

[F403 (b)an individual domiciled or resident in the United Kingdom F404... or in the Channel Islands, the Isle of Man or Gibraltar or in a country to which the relevant provisions of this Part extend,F403] or

[F405 (c)a body incorporated under the law of a part of the United Kingdom F406... or of the Channel Islands, the Isle of Man or Gibraltar or of a country to which the relevant provisions of this Part extend.F405]

(2)Where, or so far as, provision is made by Order under section 159 (application of this Part to countries to which it does not extend), a work also qualifies for copyright protection if at the material time the author was a citizen or subject of, an individual domiciled or resident in, or a body incorporated under the law of, a country to which the Order relates.

(3)A work of joint authorship qualifies for copyright protection if at the material time any of the authors satisfies the requirements of subsection (1) or (2); but where a work qualifies for copyright protection only under this section, only those authors who satisfy those requirements shall be taken into account for the purposes of—

section 11(1) and (2) (first ownership of copyright; entitlement of author or author’s employer),

[F407 section 12 (duration of copyright) , and section 9(4) (meaning of “unknown authorship”) so far as it applies for the purposes of section 12, and F407]

section 57 (anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author).

(4)The material time in relation to a literary, dramatic, musical or artistic work is—

(a)in the case of an unpublished work, when the work was made or, if the making of the work extended over a period, a substantial part of that period;

(b)in the case of a published work, when the work was first published or, if the author had died before that time, immediately before his death.

(5)The material time in relation to other descriptions of work is as follows—

(a)in the case of a sound recording or film, when it was made;

(b)in the case of a broadcast, when the broadcast was made;

(c)F408. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in the case of the typographical arrangement of a published edition, when the edition was first published.

Definitions used in section 154 10

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
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
work of joint authorship

(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.

Defined in s.10(1) · 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
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 154 8

Hasbro Consumer Products Licensing Limited & Anor v Cong Ty Tnhh Dau Tu Cong Nghe Va Dich Vu Sconnect Viet Nam & Ors

[2026] EWHC 1546 (Ch) · 25 June 2026

Applied to confirm UK copyright protection because the relevant production companies were UK-registered companies when the recordings were made (see para [51]).

Shantell Martin & Anor v Bodegas San Huberto SA & Ors

[2025] EWHC 1827 (IPEC) · 24 July 2025

Applies section 154(1)(a) to establish copyright subsistence because Ms Martin was a British citizen when she created the Work (see paras [47]-[53]).

Dr Craig Steven Wright & Ors v BTC Core (a partnership) & Ors

[2023] EWCA Civ 868 · 20 July 2023

The court considered that the qualification requirement presented no difficulty if the alleged author was, as claimed, an Australian citizen at the relevant time (see para [62]).

What each judgment says about section 154 is in the case-law panel in the full Act.

Amendments and notes

11 notes from legislation.gov.uk

Amendments

  1. F402Words in s. 154(1)(a) omitted (31.12.2020) by virtue of The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 14(a) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
  2. F403S. 154(1)(b) substituted (1.12.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Intellectual Property Act 2014 (c. 18), ss. 22(1)(b), 24(1); S.I. 2016/1139, arts. 2, 3 (with art. 4)
  3. F404Words in s. 154(1)(b) omitted (31.12.2020) by virtue of The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 14(b) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
  4. F405S. 154(1)(c) substituted (1.12.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Intellectual Property Act 2014 (c. 18), ss. 22(1)(c), 24(1); S.I. 2016/1139, arts. 2, 3 (with art. 4)
  5. F406Words in s. 154(1)(c) omitted (31.12.2020) by virtue of The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 14(b) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
  6. F407Paragraph in s. 154(3) substituted (1.1.1996) by S.I. 1995/3297, reg. 5(3) (with Pt. III)
  7. F408S. 154(5)(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)

Modifications

  1. C70Ss. 153, 154 extended by S.I. 1989/988, art. 2(1)
  2. C71S. 154 extended (1.7.1992) by S.I. 1992/1313, art. 2
  3. C72Ss. 153, 154 applied (with modifications) (4.5.1993) by S.I. 1993/942, arts. 2, 3, 4, 5, Sch. 4 (with art. 6)

Marginal citations

  1. M121981 c. 61.