Copyright guide: who owns copyright?

For literary, dramatic, musical or artistic works, the creator(s) of the work own(s) the copyright. This could be the author, artist, photographer, playwright, composer, etc. In the case of computer-generated work, the author is the person who undertakes the arrangements necessary for the creation of the work.

In the case of a sound recording or film, copyright is owned by the person who undertakes the arrangements necessary for the making of the recording (usually the producer) or film (usually the director); for broadcasts, it is the person who makes the broadcast; and in the case of a cable programme, the person who provides the service in which the programme is included. For databases it is the maker, and for typographical arrangements of published works it is the publisher.

It is important to note that copyright owners can assign their copyright to another person or organisation; for example, an author may assign all or some of their copyrights to a publisher. In addition, there are likely to be several copyrights in a single work.

Who owns copyright in the Higher Education sector?

• The author of a work is the first owner of copyright in that work
• If a literary, dramatic, musical or artistic work, or a film, is created by an employee in the course of employment, the employer is the first owner of copyright subject to any contrary agreement
• In the case of works created by students in a college or university, copyright ownership rests with the student unless there is a valid agreement in the student contract that confers ownership on the institution. This, however, will only be enforceable if it passes a test of fairness in law