Want to talk to an expert employment law solicitor?

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

Within the Copyright Patent and Design Act 1988 (“CPDA 1988”) owners of copyright possess the right not to have their copyright rights contravened. The two forms of infringement within the CPDA 1988:

  1. Primary infringement
  2. Secondary infringement

This post will examine in brief both kind of infringement and future posts will examine both in more detail.

Under s.16 CPDA 88 the owner of the copyright has the exclusive rights to undertake action constrained by copyright (“the restricted rights”). These include the rights to:

  • Copy the work
  • Issue copies of the work
  • Rent or lend the work to the public
  • Perform, show or play the work in public
  • Communicate the work to the public
  • Make an adaptation of the work

As above, these rights are commonly referred to as the “restricted rights”.

Primary infringement

Acts of primary infringement will not require knowledge or intention to infringe on the part of the ‘infringer’ – the violation of the restricted rights are strict liability “offences”.

An act of primary infringement is undertaken if an individual engages in any of the following acts which contravene the restricted rights of the owner of the copyrighted work:

  • Duplicating the work
  • Issue duplicates of the work
  • Rent or loan the work to the public
  • Perform, display or play the work in public
  • Communicate the work to the public
  • Make an adaptation of the work

Infringement occurs when either the whole or a substantial part of the author of the work’s restricted rights are used by another person without authorisation. This use can be direct or indirect on the part of the infringer. A direct infringement would be, for example, duplicating the architectural drawings of the owner. An indirect infringement could take place in the event the infringer went to the house that had been built utilizing the architectural drawings of the owner of the copyright and subsequently made a copy of the floor plan and dimensions of the house.

It can also be a breach of copyright to authorize any other individual to do any of the above acts which impinge upon the restricted rights of the owner of the copyrighted work.

Secondary infringement

Secondary infringement must involve some knowledge by the infringer of the copyrighted work. It is usually it is retailers or publishers who are ‘secondary infringers’. Examples of secondary infringement include:

  • Importing infringing copy
  • Possession of or dealings with infringing copy
  • Providing the opportunity for making infringing copies

Knowledge may be established on both an objective and a subjective basis. Objectively, a Defendant is held to have knowledge of infringement if a reasonable man would arrive at the relevant belief of infringement on the particular facts.

Practical tips relating to infringement of copyright

Infringement of copyright can be hard to prove – Defendants seldom leave traces of how they have violated copyright. However, the law concerning copyright does help the owners of copyright in particular ways – for example, there exists a presumption that the Defendant has copied the work of the Claimant if the two works are similar and the Defendant had access to that work. The burden is then placed on the Defendant to provide evidence that his work is original and not copied.

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 first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    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

    4.78 Average

    269 Reviews

    Sue W

    The people at Redmans talk to you with respect and make you feel like they take your situation personal. They clearly care and are extremely professional. I have recommended Redmans to many people.

    Posted 5 days ago

    Anonymous

    Redmans Solicitors were consistently prompt, efficient and professional from the start of my reaching out to them for support in relation to contentious negotiations of an employment matter that continued for almost two months resulting in a positive settlement agreement. Chris Hadrill was diligent, thorough, empathetic and objective in his advice and guidance, showing deep and broad knowledge of the law and legal processes plus extensive practical experience in handling complex matters, resulting in clear and pragmatic advice in ambiguous circumstances that resulted in a very good outcome. I fully recommend Chris Hadrill and Redmans Solicitors! I have made this review anonymous purely because of the confidentiality obligations in the settlement agreement concluded.

    Posted 1 month ago

    Michelle W

    Redmans solicitors provided legal support and advice for a settlement agreement. Excellent customer service, very professional. The senior associate solicitor kept me updated throughout the process, showed empathy and the agreement was signed-off / completed within the agreed timeline.

    Posted 1 month ago

    Mark W

    Redmans Solicitors were extremely professional and helpful! Chris Hadrill handled my case and was an amazing help! His guidance, advice and understanding to my redundancy settlement were always clear, concise and very helpful and I am very grateful to him, and glad I found Redmans to help with my settlement. I highly recommend them!

    Posted 1 month ago

    Alison M

    Very happy with the advice I received

    Posted 1 month ago

    Margaret A

    I found everything about the company to be extremely professional and efficient. During my initial contact with Chris, he listened well and was reassuring, so I felt confident that my case would be well handled. Caroline was excellent at explaining all the legal points and answering my questions, as well as being very supportive and understanding throughout the process. I would definitely recommend this company.

    Posted 1 month ago

    Sanja K

    Very efficient and professional service.

    Posted 1 month ago

    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

    Posted 1 month ago

    Karen T

    Great service. Thank you.

    Posted 1 month ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 1 month ago

    Shanine M

    Excellent service, thank you so much!

    Posted 1 month ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 1 month ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 1 month ago

    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

    Posted 1 month ago

    Anonymous

    Great job done on my employment law

    Posted 1 month ago

    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 2 months ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 2 months ago

    Anonymous

    I found dealing with Redmans a pleasure. I got to speak to someone quickly, the advice was profferred promplty and the service was not 'pushy'. In addition, the administration was excellent. What more could you ask for?

    Posted 2 months ago

    ALISDAIR L

    Redmans did a brilliant job regarding my redundancy agreement. I miss read an extra charge which wasnt the case so doing a new review to clarify. I would recommend Redmans for any employment law issues you may have.

    Posted 2 months ago

    Christos G

    Great legal advice and quick correspondence. Very supportive and helpful through the entire process. Thank you Redmans!

    Posted 2 months ago

    Anonymous

    Chris Hadrill advised me on a redundancy settlement agreement. He was very responsive, easy to deal with and gave me good advice at a stressful time.

    Posted 2 months ago