CDPA 1988 s.5 – Sound recordings and films

(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,

regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced; and

“film” means a recording on any medium from which a moving image may by any means be produced.

(2)Copyright does not subsist in a sound recording or film which is, or to the extent that it is, a copy taken from a previous sound recording or film.

Definitions used in section 5 5

musical work

“musical work” means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.

Defined in s.3(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

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

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

copy

(1)The copying of the work is an act restricted by the copyright in every description of copyright work; and references in this Part to copying and copies shall be construed as follows.

Defined in s.17(1) · see it in the full Act

Cases considering section 5 3

Newspaper Licensing Agency Ltd v. Marks and Spencer Plc

[2001] UKHL 38 · 12 July 2001Interprets

The definition of a sound recording was considered by analogy and held not to support congruence between each underlying literary work and a typographical published edition (see paras [10]-[11]). A recording of one work is definitionally distinct from a recording of another. That definition did not govern the differently worded concept of a published edition (see para [11]).

Aga Rangemaster Group Ltd v UK Innovations Group Ltd & Anor

[2025] EWCA Civ 1622 · 15 December 2025Limits

Section 5(1) was noted to cover films, demonstrating that being a thing to be looked at cannot by itself define a graphic work. (see para [70])

Brooker& Anor v Fisher

[2008] EWCA Civ 287 · 4 April 2008Defines

Defines the separate category of a sound recording. The court distinguished that copyright from copyright in the musical Work, which was the subject of the claim.

What each judgment says about section 5 is in the case-law panel in the full Act.