Ownership of copyright in original works
35 Ownership of copyright in original works
This section has effect subject to Parts VII and X.
Subject to this section, the author of a literary, dramatic, musical or artistic work is the owner of any copyright subsisting in the work by virtue of this Part.
The operation of any of the next three succeeding subsections in relation to copyright in a particular work may be excluded or modified by agreement.
If a literary, dramatic or artistic work:
is made by the author under the terms of his or her employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship; and
is so made for the purpose of inclusion in a newspaper, magazine or similar periodical;
the following paragraphs apply:
the author is the owner of the copyright only in so far as the copyright relates to:
reproduction of the work for the purpose of inclusion in a book; or
reproduction of the work in the form of a hard copy facsimile (other than a hard copy facsimile made as part of a process of transmission) made from a paper edition of, or from another hard copy facsimile made from a paper edition of, an issue of the newspaper, magazine or similar periodical, but not including reproduction by the proprietor for a purpose connected with the publication of the newspaper, magazine or similar periodical;
except as provided by paragraph (c), the proprietor is the owner of the copyright.
Subject to the last preceding subsection, where:
a person makes, for valuable consideration, an agreement with another person for the taking of a photograph for a private or domestic purpose, the painting or drawing of a portrait or the making of an engraving by the other person; and
the work is made in pursuance of the agreement;
the first‑mentioned person is the owner of any copyright subsisting in the work by virtue of this Part, but, if at the time the agreement was made that person made known, expressly or by implication, to the author of the work the purpose for which the work was required, the author is entitled to restrain the doing, otherwise than for that purpose, of any act comprised in the copyright in the work.
Where a literary, dramatic or artistic work to which neither of the last two preceding subsections applies, or a musical work, is made by the author in pursuance of the terms of his or her employment by another person under a contract of service or apprenticeship, that other person is the owner of any copyright subsisting in the work by virtue of this Part.
In this section:
hard copy facsimile, in relation to a literary, dramatic or artistic work, means a facsimile which is in a material form and from which the work is visible to a human being without the use of any device.
private or domestic purpose includes a portrait of family members, a wedding party or children.
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