Copyright, Designs and Patents Act 1988, section 2

Rights subsisting in copyright works

Part I Copyright

(1)The owner of the copyright in a work of any description has the exclusive right to do the acts specified in Chapter II as the acts restricted by the copyright in a work of that description.

(2)In relation to certain descriptions of copyright work the following rights conferred by Chapter IV (moral rights) subsist in favour of the author, director or commissioner of the work, whether or not he is the owner of the copyright—

(a)section 77 (right to be identified as author or director),

(b)section 80 (right to object to derogatory treatment of work), and

(c)section 85 (right to privacy of certain photographs and films).

Definitions used in section 2 3

acts restricted by the copyright

and those acts are referred to in this Part as the “acts restricted by the copyright”.

Defined in s.16(1) · see it in the full Act
copyright work

(2) In this Part “copyright work” means a work of any of those descriptions in which copyright subsists.

Defined in s.1(2) · see it in the full Act
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

Cases considering section 2 6

The Newspaper Licensing Agency Ltd & Ors v Meltwater Holding BV & Ors

[2011] EWCA Civ 890 · 27 July 2011

Cited only. Confirms the copyright owner’s exclusive rights, which formed the background to the copying analysis (see para [13]).

Hyperion Records Ltd v Sawkins

[2005] EWCA Civ 565 · 19 May 2005Defines

Uses the statutory concept of an arrangement to characterise the editions. The editorial work did not generally involve re-composition or an arrangement in the copyright sense. (see para [23])

Ashdown v Telegraph Group Ltd

[2001] EWCA Civ 1142 · 18 July 2001Interprets

The court explained that, despite the provision’s language of exclusive rights, copyright is essentially a negative right enabling the owner to prevent restricted acts rather than conferring an express right to publish.

1 more judgment, and what each says about section 2, are in the case-law panel in the full Act.