Copyright, Designs and Patents Act 1988, section 173

Construction of references to copyright owner

Part I Copyright

(1)Where different persons are (whether in consequence of a partial assignment or otherwise) entitled to different aspects of copyright in a work, the copyright owner for any purpose of this Part is the person who is entitled to the aspect of copyright relevant for that purpose.

(2)Where copyright (or any aspect of copyright) is owned by more than one person jointly, references in this Part to the copyright owner are to all the owners, so that, in particular, any requirement of the licence of the copyright owner requires the licence of all of them.

Cases considering section 173 3

Sergio Mendes Costa v DissociaDID Ltd & Anor.

[2022] EWHC 1934 (IPEC) · 22 July 2022Defines

Defines copyright owner for the relevant purpose as all owners jointly, so that a licence requires the consent of all joint owners. The provision supported the conclusion that the defendants required the claimant’s licence to use the Joint Works (see para [58]).

Societa Esplosivi Industriali SPA v Ordnance Technologies (UK) Ltd & Ors

[2007] EWHC 2875 (Ch) · 5 December 2007

The court accepted that use of jointly owned copyright material requires the licence of all co-owners, but declined relief because the alleged works and infringements were insufficiently identified and adverse inferences were not fairly available. (see para [41])

Noel Redding Estate Limited & Anor v Sony Music Entertainment UK Limited

[2025] EWCA Civ 66 · 6 February 2025

Section 173(2) treats jointly owned copyright as owned by all owners for licensing purposes. The court noted that each owner can sue for infringement without joining the others, while leaving the judge’s unappealed joinder ruling undisturbed. (see paras [55]-[56])

What each judgment says about section 173 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Modifications

  1. C87Ss. 161, 162, 171(1)(3), 172-179 applied (1.12.1996) by S.I. 1996/2967, reg. 17(4) (with Pt. III)