Copyright, Designs and Patents Act 1988, section 77

Right to be identified as author or director

Part I Copyright

(1)The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right to be identified as the author or director of the work in the circumstances mentioned in this section; but the right is not infringed unless it has been asserted in accordance with section 78.

(2)The author of a literary work (other than words intended to be sung or spoken with music) or a dramatic work has the right to be identified whenever—

(a)the work is published commercially, performed in public [F252or communicated to the publicF252] ; or

(b)copies of a film or sound recording including the work are issued to the public;

and that right includes the right to be identified whenever any of those events occur in relation to an adaptation of the work as the author of the work from which the adaptation was made.

(3)The author of a musical work, or a literary work consisting of words intended to be sung or spoken with music, has the right to be identified whenever—

(a)the work is published commercially;

(b)copies of a sound recording of the work are issued to the public; or

(c)a film of which the sound-track includes the work is shown in public or copies of such a film are issued to the public;

and that right includes the right to be identified whenever any of those events occur in relation to an adaptation of the work as the author of the work from which the adaptation was made.

(4)The author of an artistic work has the right to be identified whenever—

(a)the work is published commercially or exhibited in public, or a visual image of it is [F253communicated to the publicF253] ;

(b)a film including a visual image of the work is shown in public or copies of such a film are issued to the public; or

(c)in the case of a work of architecture in the form of a building or a model for a building, a sculpture or a work of artistic craftsmanship, copies of a graphic work representing it, or of a photograph of it, are issued to the public.

(5)The author of a work of architecture in the form of a building also has the right to be identified on the building as constructed or, where more than one building is constructed to the design, on the first to be constructed.

(6)The director of a film has the right to be identified whenever the film is shown in public [F252or communicated to the publicF252] or copies of the film are issued to the public.

(7)The right of the author or director under this section is—

(a)in the case of commercial publication or the issue to the public of copies of a film or sound recording, to be identified in or on each copy or, if that is not appropriate, in some other manner likely to bring his identity to the notice of a person acquiring a copy,

(b)in the case of identification on a building, to be identified by appropriate means visible to persons entering or approaching the building, and

(c)in any other case, to be identified in a manner likely to bring his identity to the attention of a person seeing or hearing the performance, exhibition, showing [F254or communication to the publicF254] in question;

and the identification must in each case be clear and reasonably prominent.

(8)If the author or director in asserting his right to be identified specifies a pseudonym, initials or some other particular form of identification, that form shall be used; otherwise any reasonable form of identification may be used.

(9)This section has effect subject to section 79 (exceptions to right).

Definitions used in section 77 17

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
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
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
literary work

“literary work” means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes—

Defined in s.3(1) · see it in the full Act
dramatic work

“dramatic work” includes a work of dance or mime; and

Defined in s.3(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
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
adaptation

(3) In this Part “adaptation”—

(a)in relation to a dfnliterary work, other than a computer program or a database, or in relation to a dramatic work, means—

(i)a translation of the work;

(ii)a version of a dramatic work in which it is converted into a non-dramatic work or, as the case may be, of a non-dramatic work in which it is converted into a dramatic work;

(iii)a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical;

(ab)in relation to a computer program, means an arrangement or altered version of the program or a translation of it;

(ac)in relation to a database, means an arrangement or altered version of the database or a translation of it;

(b)in relation to a musical work, means an arrangement or transcription of the work.

Defined in s.21(3) · 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
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
building

“building” includes any fixed structure, and a part of a building or fixed structure;

Defined in s.4(2) · see it in the full Act
sculpture

“sculpture” includes a cast or model made for purposes of sculpture.

Defined in s.4(2) · see it in the full Act
graphic work

“graphic work” includes—

Defined in s.4(2) · see it in the full Act
photograph

“photograph” means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;

Defined in s.4(2) · see it in the full Act
design

1 (1) In this Act “design” means features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include—

(a)a method or principle of construction, or

(b)features of shape or configuration of an article which—

(i)are dictated solely by the function which the article has to perform, or

(ii)are dependent upon the appearance of another article of which the article is intended by the author of the design to form an integral part.

Defined in Sch.4 para.38 · see it in the full Act

“design” has the meaning assigned to it by section 1(1) of this Act ;

Defined in Sch.4 para.38 · see it in the full Act
commercial publication

(2) In this Part “commercial publication”, in relation to a literary, dramatic, musical or artistic work means—

(a)issuing copies of the work to the public at a time when copies made in advance of the receipt of orders are generally available to the public, or

(b)making the work available to the public by means of an electronic retrieval system;

Defined in s.175(2) · see it in the full Act
performance

(2) In this Part “performance”, in relation to a work—

(a)includes delivery in the case of lectures, addresses, speeches and sermons, and

(b)in general, includes any mode of visual or acoustic presentation, including presentation by means of a sound recording, film or broadcast of the work.

Defined in s.19(2) · see it in the full Act

Cases considering section 77 6

Hyperion Records Ltd v Sawkins

[2005] EWCA Civ 565 · 19 May 2005

Applies the author-identification right to the CD attribution. Acknowledging preparation of performance materials did not identify Dr Sawkins as author, so the right was breached. (see paras [66]-[69]) Applies the requirement to identify the author of the musical work. Naming an editorial contribution without identifying authorship did not comply with the provision. (see paras [67]-[69]) Applies the author-identification right when copies of sound recordings are issued to the public. The CD booklet did not identify authorship of the performing editions. (see para [66]) Applies the rule requiring a specified form of identification where the author has specified one. Hyperion did not use the form requested by Dr Sawkins. (see paras [66]-[69])

Al-Hasani v Nettler & Ors

[2019] EWHC 640 (Ch) · 21 March 2019

Applies the moral-rights identification framework to explain that identification rights may arise in specified circumstances. No evidential or pleaded basis for the claimant’s asserted right was shown (see paras [87]-[88], [93.10]).

Sawkins v Hyperion Records Ltd

[2004] EWHC 1530 (Ch) · 1 July 2004

Applies the right to be identified as author and holds that thanking the claimant for preparing performance materials did not identify him as author of the musical works. (see paras [84]-[85]) Applies the requirement to use the form of identification specified by the author when asserting the identification right. The specified form was not used. (see para [84])

1 more judgment, and what each says about section 77, are in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F252Words in s. 77(2)(a)(6) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 8(1)(a)(b) (with regs. 31-40)
  2. F253Words in s. 77(4)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 8(2)(a) (with regs. 31-40)
  3. F254Words in s. 77(7)(c) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 9(1)(b) (with regs. 31-40)