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

4.76 Average

124 Reviews

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 2 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 3 months ago

Anonymous

Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

Posted 3 months ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 3 months ago

Anonymous

Easy to get hold of. Quick.

Posted 3 months ago

Owen J

Very helpful, efficient service.

Posted 3 months ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 4 months ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 4 months ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 4 months ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 4 months ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 4 months ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 4 months ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 4 months ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 4 months ago

Tim O

Experienced and competent advisors

Posted 4 months ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 4 months ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 4 months ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 4 months ago

Anonymous

Good service

Posted 4 months ago

Anonymous

Excellent professional service. Highly recommend.

Posted 4 months ago

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 5 months ago