§ 109 — Conditions for copyright to subsist in unpublished authorial works

109.—(1) Subject to the provisions of this Act, copyright subsists in an unpublished authorial work if —(a)

the work is original; and

(b)

one of the following applies:(i)

the author is a qualified individual when the work is made;

(ii)

if the work is made over a period — the author is a qualified individual for a substantial part of that period;

(iii)

the work is made —(A)

by or under the direction or control of the Government; or

(B)

on or after 10 April 1987 by or under the direction or control of a prescribed international organisation.

(2) In this section, “author”, in relation to a work of joint authorship, means any of the joint authors.

—(1) Subject to the provisions of this Act, copyright subsists in an unpublished authorial work if —(a)

the work is original; and

(b)

one of the following applies:(i)

the author is a qualified individual when the work is made;

(ii)

if the work is made over a period — the author is a qualified individual for a substantial part of that period;

(iii)

the work is made —(A)

by or under the direction or control of the Government; or

(B)

on or after 10 April 1987 by or under the direction or control of a prescribed international organisation.

(2) In this section, “author”, in relation to a work of joint authorship, means any of the joint authors.