Copyright, Designs and Patents Act 1988, section 9

Authorship of work

Part I Copyright

(1) In this Part “author”, in relation to a work, means the person who creates it.

(2)That person shall be taken to be—

F26[F26 ( aa )in the case of a sound recording, the producer;

F26 ( ab )in the case of a film, the producer and the principal director;F26]

(b)in the case of a broadcast, the person making the broadcast (see section 6(3)) or, in the case of a broadcast which relays another broadcast by reception and immediate re-transmission, the person making that other broadcast;

(c)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in the case of the typographical arrangement of a published edition, the publisher.

(3)In the case of a literary, dramatic, musical or artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

(4) For the purposes of this Part a work is of “unknown authorship” if the identity of the author is unknown or, in the case of a work of joint authorship, if the identity of none of the authors is known.

(5)For the purposes of this Part the identity of an author shall be regarded as unknown if it is not possible for a person to ascertain his identity by reasonable inquiry; but if his identity is once known it shall not subsequently be regarded as unknown.

Definitions used in section 9 10

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
producer

“producer”, in relation to a sound recording or a film, means the person by whom the arrangements necessary for the making of the sound recording or film are undertaken;

Defined in s.178 · 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
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
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
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
computer-generated

“computer-generated”, in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work;

Defined in s.178 · see it in the full Act
author

“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
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

Cases considering section 9 29

Kogan v Martin & Ors (Rev 1)

[2019] EWCA Civ 1645 · 9 October 2019Interprets

An author is a creator of the work, including a person creating, selecting or gathering detailed concepts or emotions fixed in writing. Authorship is not confined to the person writing the words and does not require accepting responsibility for the form of expression. (see paras [36]; [41]; [53])

Hyperion Records Ltd v Sawkins

[2005] EWCA Civ 565 · 19 May 2005Defines

Defines author as the person who creates the work. The provision framed the question whether Dr Sawkins’s editorial work created original musical works. (see paras [73]-[86])

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 so that the author of a sound recording was its producer. The court accepted that the production companies undertook the arrangements necessary for making the Audio Clips (see paras [49]-[50]).

9 more judgments, and what each says about section 9, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F26S. 9(2)(aa)(ab) substituted for s. 9(2)(a) (1.12.1996 with effect in relation to films made on or after 1.7.1994) by S.I. 1996/2967, regs. 18(1), 36
  2. F27S. 9(2)(c) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regs. 2(2), 5(4), Sch. 2 (with regs. 31-40)