§ Lord Howie of Troon
asked Her Majesty's Government:
What specific means an engineer or an architect has to assert his or her right to be recognised as the author of an artefact under the terms of Part II of the Copyright, Designs and Patents Act 1988. [HL3675]
§ The Minister for Science, Department of Trade and Industry (Lord Sainsbury of Turville)
Under the terms of the Copyright, Designs and Patents Act 1988, copyright is granted to the authors of literary, dramatic, musical and artistic works, including works of architecture and artistic craftsmanship. These authors are also granted the moral right to be identified as the author of the work in certain circumstances, such as, for example, in the case of a building, on the building itself and where graphic representations or photographs of it are published. However, this right does not apply unless the author has asserted his or her wish to exercise it by giving notice to this effect (which generally has to be in writing and signed) to those seeking to use or exploit the work. Moreover, the right may be waived by the author, and is also subject to certain exceptions such that it does not apply, for example, to anything done by an author's employer in whom ownership of copyright originally vested. Where the right applies and has been infringed, the author may take court action to obtain an injunction against further infringement and/or damages. The relevant provisions of the 1988 Act are those set out in sections 77 to 79, 87 and 103.