Page:Copyright Act 2021.pdf/90

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(b) does any of the following on or after the appointed day:

(i) makes a sound recording, film or broadcast;

(ii) provides a cable programme service in which a cable programme is included;

(iii) publishes an edition of an authorial work.

(2) The first owner of any copyright in the relevant work is to be determined according to this section (and not section 133).

(3) Subject to subsection (4), the employer is the first owner of any copyright in the relevant work.

(4) Where—

(a) the relevant work is a literary work, a dramatic work or an artistic work;

(b) the employer is the proprietor of a periodical; and

(c) the work is made for publication in a periodical,

then—

(d) if the work is made on or after 10 April 1987—

(i) the employer is the first owner of any copyright in the work only to the extent that the copyright relates to—

(A) publishing the work in any periodical; or

(B) making a copy of the work for the purpose of its being so published; and

(ii) the employee is otherwise the first owner of any copyright in the work; and

(e) if the work was made before 10 April 1987, the employee is entitled to restrain the publication of the work otherwise than in a periodical.

(5) Subsections (3) and (4) are subject to any contrary intention in—

(a) any written agreement made between the employer and the employee on or after the appointed day; or