Paragraph 4 AuthorsF1

United Kingdom

(1)

Subject to paragraph (2), a person shall be treated as an author of a book for the purpose of this Scheme if he is either—

(a)

a writer of the book, including without prejudice to the generality of that expression,

(i)

a translator thereof, and

(ii)

an editor or compiler thereof, who in either case has contributed more than ten per cent of the contents of the book or more than ten pages of the contents, whichever is the less F2, or who is entitled to a royalty payment from the publisher in respect of the book F3, and

(F4iii)

in relation to an audio-book, a producer or narrator thereof; or;

(b)

an illustrator thereof, which for this purpose includes the author of a photograph F5....

(c)

in the case of a book without a title page, is evidenced—

(i)

by his being named elsewhere in the book and in the view of the F6Board his contribution to the book was such that he would have merited a mention on the title page had there been one, or

(ii)

by his entitlement to a royalty payment from the publisher in respect of the book; or

(d)

is evidenced by a statement, signed by all the other authors of the book in respect of whom the fact that they are authors of the book is evidenced in accordance with paragraphs (a) to (c), that his contribution to the book was such that it is appropriate that he should be treated as an author of the book and the Board is satisfied that it is sppropriate so to treat him.

(F72)

Notwithstanding paragraph (1), a person shall not be treated as an author of a book unless the fact that he is an author within the meaning of paragraph (1)—

(a)

is evidenced by his being named on the title page of the book; or

(F8b)

is evidenced by his entitlement to a royalty payment from the publisher in respect of the book; or

(c)

in the case of a book without a title page, is evidenced—

(i)

by his being named elsewhere in the book and in the view of the Board his contribution to the book was such that he would have merited a mention on the title page had there been one, or

(ii)

by his entitlement to a royalty payment from the publisher in respect of the book; or

(F9iii)

by his being named on the case with which the audio-book is sold; or;

(iv)

is evidenced by reference to a written contract with the publisher of the audio-book which refers expressly to his being an author within the meaning of paragraph (1).

(d)

Annotations

Textual amendments

F1: Appendix Scheme art. 4 substituted (28.12.1984) by The Public Lending Right Scheme 1982 (Amendment) Order 1984 (S.I. 1984/1847), arts. 1(1), 2
F2: Words in Appendix Scheme art. 4(1)(a)(ii) inserted (18.12.1991) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1991 (S.I. 1991/2618), art. 2, Appendix para. 1(a)
F3: Word in Appendix Scheme art. 4(1)(a)(ii) substituted (1.7.2014) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014 (S.I. 2014/1457), art. 2, Appendix para. 1(a)
F4: Appendix Scheme art. 4(1)(a)(iii) inserted (1.7.2014) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014 (S.I. 2014/1457), art. 2, Appendix para. 1(a)
F5: Words in Appendix Scheme art. 4(1)(b) omitted (15.7.1997) by virtue of The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1997 (S.I. 1997/1576), art. 2, Appendix para. 1
F6: Word in Appendix Scheme substituted (1.10.2013) by The Public Bodies (Abolition of the Registrar of Public Lending Right) Order 2013 (S.I. 2013/2352), art. 1(2), Sch. 2 para. 1(2)(a) (with art. 8)
F7: Appendix Scheme art. 4(2) substituted (22.12.1988) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1988 (S.I. 1988/2070), art. 2, Appendix 1 para. 3
F8: Appendix Scheme art. 4(2)(b)-(d) substituted for Appendix Scheme art. 4(2)(b) (18.12.1991) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1991 (S.I. 1991/2618), art. 2, Appendix para. 1(b)
F9: Appendix Scheme art. 4(2)(c)(iii)(iv) inserted (1.7.2014) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014 (S.I. 2014/1457), art. 2, Appendix para. 1(b)