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Making an adaptation of a copy right work

Written by Owen Ross on 03 March 2012

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Making an adaptation of a literary, dramatic or musical work is restricted by copyright under section 21(1) of the Copyright, Designs and Patent Act 1988. ('CDPA'). An adaption, like any form of copyright material, must be recorded in writing or some other media.

Section 21(1) of the CDPA states that "the making of an adaptation of the work is an act restricted by the copyright in a literary, dramatic or musical work. For this purpose an adaptation is made when it is recorded, in writing or otherwise".

Where any of the restricted acts of copyright under section 17 - 20 of the CDPA are done in relation to an adaption of literary, dramatic or musical work, or making an adaptation of such an adaptation there is copyright infringement under section 21(2) of the CDPA.

Section 21(2) of the CDPA states "The doing of any of the acts specified in sections 17 to 20, or subsection (1) above, in relation to an adaptation of the work is also an act restricted by the copyright in a literary, dramatic or musical work".

Section 21(3)(a) states in this part "adaptation (a) in relation to a literary work, other than a computer program or a database, or in relation to a dramatic work, means -

(i) a translation of the work;

(ii) a version of a dramatic work in which it is converted into a non-dramatic work or, as the case may be, of a non-dramatic work in which it is converted into a dramatic work;

(iii) a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical".
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