Want to talk to an expert employment law solicitor?

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

In the latest of our posts relating to the types of infringement of copyright, this post examines the primary infringement of performing, showing or playing a copyrighted work in public under s.19 of the Copyright Design and Patent Act 1988 (or “CPDA 1988”). This post will be divided up into the following two areas:

  1. An explanation of the primary infringement of performing, showing or playing a copyrighted work in public, which will include worked examples of when primary infringement may or may not occur
  2. Practical tips for both owners of copyright and potential infringers

The primary infringement of performing, showing or playing a copyrighted work in public

Performing, showing or playing a copyrighted work in public without the consent of the copyright owner is unlawful under s.19 of the CPDA 1988. Under s.19 it is unlawful:

  • To perform a literary, dramatic or musical copyrighted work in public (“the performance right”); or
  • To play or show a sound recording, film or broadcast in public (“the playing right”)

“Performance” can range from anything from a lecture at a university, to a school play, to a tribute band performing in their local pub. It has a wide meaning and persons who are imitating or actually performing a copyrighted work should be wary that they are not infringing upon the copyright owner’s rights. Performance also includes any mode of visual or acoustic presentation of the copyrighted work, including presentation by means of a sound recording, film or broadcast (s.19(2) CPDA 1988). The performers are normally liable in such circumstances for copyright infringement i.e. the members of the tribute band.

Playing or showing a sound recording, film or broadcast in public is pretty much what it says on the tin. For example, a showing of a popular children’s film in a school environment would infringe upon the copyright holder’s playing rights. Even a record shop that plays the records that it sells to attract customers would infringe upon the owner of the copyrighted work’s rights under the CPDA 1988. Commercial establishments therefore have to be very careful when playing or showing a potentially copyrighted work. They should seek to obtain a licence to play the particular work from the relevant business or individual. If they do not then they may be liable for copyright infringement under the CPDA 1988.

So, who are the public for the purposes of this statute? The definition of “public” is a potentially wide one and will differ dependant on the facts of the particular circumstance. However, family and domestic situations are generally not held to be a “public” environment.

Practical tips for copyright holders and potential infringers

Potential infringers

  • Those most at risk of copyright infringement (i.e. bars, restaurants etc.) should seek to obtain a licence to play a copyrighted work from the relevant business or individual

Copyright holders

  • Ensure that your rights in your work are upheld. If you learn of any potential infringement get specialist legal advice to find out how to protect your rights

Want to talk to an expert employment law solicitor?

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

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

    Testimonials

    4.80 Average

    371 Reviews

    Jonathan L

    The service I received was friendly and professional. I appreciated the timely communications and Mel was always available for any questions I had. I'd definitely recommend Redmans and will use them in a heartbeat should the situation arise again.

    Posted 4 days ago

    Glyn B

    Provided a great service, covered all my requirements

    Posted 4 days ago

    Fidel A

    Redmans Solicitors recently helped me navigate a recent employment termination settlement agreement. Chris Hadrill is very professional and you will be in good hands with him. I score Redmans 4 out of 5 because things had to move fast and felt the team member assigned to my case wasn't very responsive at times. Having said that, I was very happy with the outcome and have no hesitation in recommending their services.

    Posted 5 days ago

    Nigel A

    Chris Hadrill is hugely impressive - the right blend of assured calm and savvy professionalism. I've already recommended him to friends and family.

    Posted 6 days ago

    Matt O

    I was hugely impressed with the ease of being able to work with Redmans Solicitors and their professional approach. Mel was really clear around the process, and costings required and I felt comfortable throughout. I would certainly recommend.

    Posted 6 days ago

    Bryan G

    Great response, and also happy to assist

    Posted 6 days ago

    David L

    I was made a settlement offer by my employer to terminate my emplyment early. Redmans helped me understand the offer, and ensured that it was fair for someone in my position. They made a very stressful situation much easier. Excellent service.

    Posted 1 week ago

    Anonymous

    I can highly recommend Redmans. The service was professional and prompt and I would not hesitate to use them again. Thanks

    Posted 1 week ago

    Anonymous

    Overall I am satisfied with the performance from Redmans. The reason I have given 4 stars is that I had quite a lot difficulty in contacting the representative which was initially nominated for me. However, when I contacted Chris instead, he was excellent over the phone and secured a great outcome in short order. I would recommend Redmans Solicitors.

    Posted 1 week ago

    Anonymous

    Chris and Redmans were a great help. Effective and efficient, quick response from my first enquiry and then straightforward and attentive throughout with ultimately a positive outcome. I will use them again and recommend them.

    Posted 2 weeks ago

    Marie P

    Great service, quick responses, good advice and all in a no nonsense, no jargon manner. Would definitely recommend.

    Posted 2 weeks ago

    Anonymous

    Rana was amazingly thorough and professional!

    Posted 2 weeks ago

    Anonymous

    I am extremely happy with the legal advice I was provided with. My case was resolved to the best of my expectations. Thank you very much for your professional help.

    Posted 2 weeks ago

    Shahzad R

    Chris and his team were excellent. They provided sound advice and consultation that resulted in more cash than was offered. Would definitely recommend.

    Posted 2 weeks ago

    Sanjay B

    I would like to take this opportunity to thank Mel Chin, for all her support during my settlement process. Where she provided a professional service and was understanding. I would confidently recommend Redmans Solicitors to my friends and family. Thank you and wishing you all a Merry Christmas.

    Posted 1 month ago

    Paul O

    Excellent response time and communication during my dealings with Redmans

    Posted 1 month ago

    Gil T

    I don’t normally write reviews, but thought it was time on this occasion. Just wanted to say that I highly recommend Redmans - especially Rana Tandon, who helped me navigate around my employment contract. Rana was meticulous and thorough and all over my needs. Would I use Redmans again ? ..absolutely

    Posted 1 month ago

    Stephanie D

    Very thorough and professional service. I was very nervous about my employment case, as I had never dealt with anything like it before. However, the solicitors who handled my case made sure I understood everything. I was never kept in the dark and Redmans kept me constantly informed about what was going on with my case. I would definitely recommend Redmans Solicitors

    Posted 1 month ago

    Richard S

    Chris and Sacha were great throughout the entire process. Chris was very helpful once the initial discussions with my company began and before we agreed there was a case. Sacha was very responsive, patient and helpful throughout ensuring I felt I had the right information to make the best decision on next steps. A close friend and wife have both used Redmans in the past few years for unfair dismissals and the service continues to be first-class and I would strongly recommend them again. They definitely help reduce the anxiety that comes with uncertainty around new processes and situations. Thank you!

    Posted 1 month ago

    Jianya

    Very nice and patient went through the whole document with me.

    Posted 1 month ago

    Susan L

    Very helpful and led me through the redundancy process.

    Posted 1 month ago