Section 109 — Conditions for copyright to subsist in unpublished authorial works

(1)Subject to the provisions of this Act, copyright subsists in an unpublished authorial work if —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