[2025] EWHC 1954 (IPEC)

The Counterclaim introduced a dispute over two additional works, a photograph used on the sleeve of the single Bloodlust, released in 1982, and another used on the album Possessed, released in 1984. The Copyright Act 1956, which was in force when these photographs were taken, provided in s 48 that

“ “author ”, in relation to a photograph, means the person who, at the time when the photograph is taken, is the owner of the material on which it is taken.”

The Act also provided at s 4 that:

“(1)

Subject to the provisions of this section, the author of a work shall be entitled to any copyright subsisting in the work by virtue of this Part of this Act.

(2)

…

(3)

… where a person commissions the taking of a photograph, or the painting or drawing of a portrait, or the making of an engraving, and pays or agrees to pay for it in money or money's worth, and the work is made in pursuance of that commission, the person who so commissioned the work shall be entitled to any copyright subsisting therein by virtue of this Part of this Act.”