Technology &
Internet Law
Copyright Infringement: Remedies and Penalties
Under section 96 of the Copyright, Designs and Patents Act 1988 (UK), remedies for copyright infringement are specified
as:
- damages;
- injunctions;
- accounts of profit; or
- otherwise as is available in respect of infringement of
any other property right.
When Damages are not Available
Pursuant to section 97(1) of the Act, however, damages are not available if, at the
time of the infringement, the defendant did not know, and had no reason to
believe, that copyright subsisted in the work. Additional damages may
be available in exceptional circumstances, considering the flagrancy of the
infringement and the benefit accruing by reason of the infringement to the
defendant. Finally, orders for delivery up are provided for by virtue of
section 98 of the Act.
Criminal Offences
Certain criminal offences have also been created under section 107. These are intended to catch copying on an industrial scale and
include:
- for making for sale or hire in the course of business infringing
articles
- for importing in the course of business infringing articles
- for possessing infringing articles in the course of business
with a view to committing any act infringing copyright
- for selling, hiring, exposing for sale or hire, exhibiting
in public or distributing infringing articles
- for distributing not in the course of business but with
a view to prejudice the copyright owner
- for making articles designed or adapted for making copies
of a particular copyright work
- for having articles in possession knowing that the articles
are to be used to making infringing copies for sale or hire or for use
in the course of business.
Typically punishment upon summary conviction is imprisonment for a term
not exceeding 6 months or a fine; and on conviction on indictment a fine
or imprisonment for a term not exceeding 2 years.
Contrary to popular belief, you do not need to, and cannot register
copyright as there is no official public register.
A newer
database right may apply where copyright will not protect your database. Also,
for a brief view of what can and cannot be copied, click here.
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NEED TO KNOW MORE?
For further information on copyright, contact Maitland
Kalton or Julian Danobeitia or call us on +44 (0)20 7278 1817
Kaltons Solicitors, Suite 302, Spitfire Studios, 63-71 Collier Street, London, N1 9BE. Telephone +44 (0)20 7278 1817; Fax: +44 (0)207 278 1835.
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