5
“registered collecting society” means a collecting society registered by the Registrar
under section 22;
“Registrar” means the Registrar of Copyright appointed under section 54;
“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 or musical work, from which
sounds reproducing the work may be produced;
regardless of the medium on which the recording is made or the method by which the sounds
are reproduced or produced;
“substantial part” includes any part of a work which on its own can be identified as a
part of the work by someone who is familiar with the work;
“unknown authorship” has the meaning given by section 3;
“work” means a product of creativity in a category referred to in section 8.
Works of unknown authorship and joint authorship
3.—(1) For the purposes of this Act—
(a) a work is of unknown authorship if the identity of none of the authors is known;
(b) subject to paragraph (c), 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; and
(c) the identity of an author that has once been known shall not subsequently be
regarded as unknown.
(2) For the purposes of this Act, a work is of joint authorship if its is produced by the
collaboration of two or more authors and the contribution of each author is not distinct from
that of the other author or authors.
(3) Unless the context requires otherwise, a reference in this Act to the author of work
shall, in relation to a work of joint authorship, be read as a reference to all the authors of the
work.
Publication and first publication
4.—(1) For the purposes of this Act, a work, other than a broadcast or cable program, is
published when copies of the work are made available to the public, whether for gain or not.
(2) For the purposes of this Act, the first publication of a work, other than a broadcast
or cable program, is—
(a) the earliest publication of the work made with the authority of the copyright owner;
or
(b) any publication of a work made with the authority of the copyright owner within
thirty days after the earliest such publication.
(3) For the purposes of this section, any distribution or circulation of a work by way of
sale or rental constitutes making copies of the work available to the public.