90
NO. 22 OF 2021
Division 8—Ownership and transactions
First owner—maker of work, etc., is default first owner
133.—(1) Subject to the provisions of this Act, the first owner of copyright in a work is—
- (a) in the case of an authorial work—subject to subsection (2), the author;
- (b) in the case of a published edition of an authorial work—the publisher;
- (c) in the case of a sound recording—the maker of the recording;
- (d) in the case of a film—the maker of the film;
- (e) in the case of a broadcast—the broadcasting licensee that made the broadcast; and
- (f) in the case of a cable programme—the person providing the cable programme service in which the programme was included.
(2) If copyright subsists in a work of joint authorship only because one or more (but not all) of the joint authors are qualified individuals, subsection (1)(a) does not confer ownership of the copyright on a joint author who is not a qualified individual.
(3) Subsections (1) and (2) are subject to any contrary intention in—
- (a) any written agreement made on or after the appointed day by the person who would otherwise be the first owner of a copyright under those subsections; or
- (b) any agreement before the appointed day by the person who would otherwise be the first owner of a copyright under those subsections.
First owner—copyright created in the course of employment
134.—(1) This section applies where, in the course of a contract of service, the employee—
- (a) makes an authorial work; or
