Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In our continuing look at types of primary copyright infringement, we’re today going to look at the offence of issuing copies of copyrighted work to the public under s.18(1) of the Copyright Design and Patent Act 1998 (“CDPA 98”).

The prohibition against issuing copies of copyrighted work to the public applies to every description of copyrighted work. We’ve explored the types of copyrighted work before so in this post we’ll deconstruct this prohibition by considering the different elements of the infringement:

  1. Issuing
  2. Copies
  3. (To ) the public

Issuing

The issue of copies (see below) must take place in an area where the Copyright Design and Patent Act 1998 applies. This refers to the time and place that the reproductions were put on offer, not the point at which a copy of the copyrighted work was issued to the public. However, in particular circumstances infringement of the owner’s right will occur at the time of arrival (i.e. the “CD-WOW” case).

Copies

To infringe against the copyright owner’s right, the infringer must put unauthorised “primary” copies of the work into circulation. As can be seen by the emphasis in the previous sentence there is a distinction between “primary” and “secondary” distribution. To use the example of the distribution of copies of an author’s books, primary distribution occurs when the author licenses a publisher to distribute copies of his work. Secondary distribution occurs when, for example, a second-hand book seller sells a copy of an already-distributed work. The book-seller would not need to obtain a license to sell the book and would therefore not infringe copyright by distributing copies of the book. However, an unauthorised primary distributor would infringe the copyright owner’s rights by distributing without consent.

Indeed, if the copyrighted work is distributed in the European Economic Area (“EEA”) then infringement occurs if the copies were not previously put into circulation in the EEA by or with the consent of the copyright owner. If the copyright work is distributed outside of the EEA then infringement occurs if copies of the work were not previously put into circulation in the EEA or elsewhere.

The public

According to the definition of this infringement, the copyrighted work must be issued to the public for the infringement to occur. To determine whether the copyrighted work is being issued to the pubic the following questions must be asked:

  1. Is the issuing of the copyrighted work for profit?
  2. Is the audience unrestricted?

If the answer to both of the above questions is “yes” then the audience will be defined as “public” and infringement may therefore have occurred. An example may be useful here. The issuing of a dance CD at a private house party (with restricted access based upon ties of friendship) would usually not be for profit (the friends wouldn’t pay to get in) and would be restricted (as only those who qualify as friends could attend). There wouldn’t usually be an infringement in these circumstances. However, the issuing of the same CD in a club environment probably would constitute primary infringement. The CD is being used for the attainment of profit (people paying to get into the club) and the audience is unrestricted (in theory).

Conclusion

As can be seen from the above, this type of primary infringement isn’t simple (although it isn’t particularly complex). Whether the infringement of issuing copies to the public has occurred depends upon the particular facts of the case.

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Leave a Reply

Your email address will not be published. Required fields are marked *

 

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.72 Average

89 Reviews

Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 3 days ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 6 days ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 6 days ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 1 week ago

Yulian Z

Great service

Posted 1 week ago

Anonymous

Excellent, professional service and a speedy resolution. Many thanks

Posted 1 week ago

Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 1 week ago

Anonymous

Really pleased with the swift and professional service from Redmans. They provided very clear advice and helped conclude my matter with the minimum of stress or delay.

Posted 1 week ago

Matthew L

Redmans were very quick to respond to my initial enquiry, and provided me with a very effective and efficient service, generating a most satisfactory outcome. I would definitely use them again if the need arose.

Posted 1 week ago

Anonymous

First rate service. Warm and friendly whilst exceptionally efficient at the same time. I would highly recommend them.

Posted 1 week ago

Anonymous

Professional and helpful. Thorough and supportive.

Posted 1 week ago

Richard A

Excellent service, prompt replies, great advice

Posted 1 week ago

Anonymous

Very professional services

Posted 1 week ago

Margaret

Redmans Solicitors took a lot of the worry away and were very thoughtful and meticulous in their dealings with my case , thank you very mush , great service and a great job

Posted 1 month ago

Mark B

Prompt efficient service. Hourly, and part thereof, billing got a bit stressful at times - as opposed to flat fee - made me think twice about sending an email or making a quick call when I had a query because it would have eaten up minutes from my budget. But happy with the legal service I received overall and would recommend.

Posted 1 month ago

Anonymous

Chris Hadrill has provided a truly wonderful service and was willing to lend his support and expertise at a time when other solicitors, only wanted to discuss their fees! A clear thinking and down to earth professional, Chris can be trusted to listen carefully to your matter, cut through the fog, and advise you on the best (and most realistic) way forward, saving you time, money and heartache. It will be helpful if you first get your ducks in a row in terms of documents / evidence etc. and then contact Chris, (that’s what we did) as this will help your matter to be dealt with faster. The more organised and together you are the more successful you will be. You'll be fine with Chris, I highly recommend him. Good luck!

Posted 1 month ago

Richard v

Excellent Service

Posted 1 month ago

Anonymous

Very happy from service received. Highly recommend

Posted 1 month ago

Colin W

Very professional and thorough. Sachs who dealt with the bulk of my case was excellent Thank you. .

Posted 1 month ago

Anonymous

I was generally impressed with the fast turn around, efficiency, responsiveness, and consideration of circumstances. I needed a couple of areas of advice quickly and with Redmans help was able to get to a conclusion quickly and with minimum stress. They were friendly and professional throughout - I'd use them again.

Posted 1 month ago

Anonymous

The guidance and assistance I recently received when using Redman's was fantastic. Caroline & Chris were both very informative and understanding walking me through each step. Thank you.

Posted 2 months ago