Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Underlying works definition

What does Underlying works mean? In film and television practice, “underlying works” describes the individual copyright works incorporated into, or on which, a film or programme is based, each subsisting and owned or licensed separately from the film copyright. The term is descriptive and widely used in contracts rather than defined in legislation, but its treatment aligns with the Copyright, Designs and Patents Act 1988 (England & Wales, Scotland and Northern Ireland) and the Copyright and Related Rights Act 2000 (Ireland), which recognise separate copyrights in constituent works. Typical underlying works include: - scripts and screenplays - adaptations and other derivative works - translations - other...

Copyright for UK film and television productions: clearing and licensing underlying works; scripts, adaptations, characters, music and photographs; performers’ rights; and relying on fair dealing and other permitted acts

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Practice notes

This Practice Note

This note addresses copyright concerns in film and television, relating to the underlying materials encountered throughout the production process. It spans literary creations such as scripts, biographies, characters, set and location design, photographs, music, and performances. It also explores Permitted acts or statutory exceptions that might apply when different works appear within a film—including fair dealing, incidental inclusion, reporting court proceedings, filming in public places, and matters of public interest. When a new film or television programme is made, numerous distinct copyright works will make up the finished piece, depending on the nature of the project, eg a drama or a factual documentary. It examines several of the usual Underlying works integrated into screen productions. Certain of these works will not automatically vest in the production company creating the film, so it is vital to obtain either an assignment or a licence for works generated during the production process, granting rights consistent with the planned scope of exploitation. Aligned fully with the intended scope of exploitation for the project concerned. For earlier, pre-existing works, producers may prefer to secure a licence, or rely upon one of the exceptions to copyright found in Chapter III of the Copyright,...

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Jake Palmer

Bristows

Jake joined Bristows as a trainee solicitor in 2017 and is now an associate in the brands, designs and copyright team. Much of Jake’s experience is in brand enforcement, copyright advice and IP disputes. He has been involved with devising a strategy for promptly enforcing rights in the context of social media removals in the fast fashion industry. Recent litigation experience includes a passing off trial in the High Court. Jake has experience drafting advice notes on copyright subsistence and infringement in various contexts, from the film industry to online data use. He also works on trade mark prosecution matters. He has assisted in advising clients on advertising matters and contributed to the latest edition of International Advertising Law....

Richard Dickinson

Bristows

· Richard is the head of Bristows’ Commercial & Transactional IP group. His practice focuses on commercial transactions and advisory work that usually involve the development, exploitation and protection of IP rights at their core, across a range of sectors. · Richard has a scientific background and has also worked on secondment with in-house legal teams, both as an associate and as a partner....

Web page updated on 21/05/2026

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