First owner — sound recordings, films and certain authorial works commissioned before 21 November 2021
135.—(1)  This section applies where —
(a)one party (X) entered into an agreement with another party (Y) before 21 November 2021;
(b)pursuant to the agreement, X does any of the following (whether before, on or after 21 November 2021):
(i)takes a photograph;
(ii)paints or draws a portrait;
(iii)makes an engraving;
(iv)makes a sound recording;
(v)makes a film;
(c)the things mentioned in paragraph (b) are not done in the course of a contract of service (whether with Y or any other person); and
(d)Y provides valuable consideration pursuant to the agreement.
(2)  The first owner of any copyright in the commissioned work is to be determined according to this section (and not section 133).
(3)  Subject to subsections (4), (5) and (6), Y is the first owner of any copyright in the commissioned work.
(4)  Where —
(a)the agreement is made on or after 10 April 1987 but before 21 November 2021;
(b)the commissioned work is a photograph, a portrait or an engraving; and
(c)Y requires the commissioned work for any particular purpose,
that purpose must be communicated to X and X is entitled to restrain the doing, otherwise than for that particular purpose, of any act comprised in the copyright in the commissioned work.
(5)  Where —
(a)the agreement was made before 10 April 1987; and
(b)the commissioned work is a sound recording,
the first owner of any copyright in the recording is the person who would be the first owner under the law applicable when the agreement was made.
(6)  Subsections (3), (4) and (5) are subject to any contrary intention in —
(a)any written agreement made between X and Y on or after 21 November 2021; or
(b)any agreement made between X and Y before 21 November 2021.
(7)  In this section —
(a)where the agreement mentioned in subsection (1)(a) was made before 10 April 1987, “photograph” includes photo‑lithograph and a work produced by a process similar to photography; and
(b)“commissioned work” means a work mentioned in subsection (1)(b).