Page:Copyright Act 2021.pdf/91

92 :(b) any agreement made between the employer and the employee before the appointed day.

(6) In this section—

“periodical” means a newspaper, magazine or similar periodical, and includes an online periodical;

“relevant work” means a work mentioned in subsection (1).

First owner—sound recordings, films and certain authorial works commissioned before appointed day

135.—(1) This section applies where—
 * (a) one party (X) entered into an agreement with another party (Y) before the appointed day;
 * (b) pursuant to the agreement, X does any of the following (whether before, on or after the appointed day):
 * (i) takes a photograph;
 * (ii) paints or draws a portrait;
 * (iii) makes an engraving;
 * (iv) makes a sound recording;
 * (v) makes a film;
 * (c) the things mentioned in paragraph (b) are not done in the course of a contract of service (whether with Y or any other person); and
 * (d) Y provides valuable consideration pursuant to the agreement.

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

(3) Subject to subsections (4), (5) and (6), Y is the first owner of any copyright in the commissioned work.

(4) Where—
 * (a) the agreement is made on or after 10 April 1987 but before the appointed day;