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small business help - information - news and start up advice arrow Blog arrow How to Act Against a Copyright Violation

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How to Act Against a Copyright Violation


If a Party Infringes Your Copyright


If your copyright has been infringed, you have a right to take legal action. However, copyright cases are usually hard to judge and are very expensive - especially if you lose the case.

It is therefore advised that you attempt to form a personal agreement with the infringing party - should this be a request for them to remove the material or to charge them a fee (royalties). If the infringing party refuse to your demands, you should seek legal advice before taking further action.

                                                      "Infringing a copyright
                                                        
is a serious incident"

Infringing a copyright on purpose is a serious incident, however more serious copyright issues on a larger scale will be dealt with by the police i.e. copying and distributing CD's, videos, software, etc.


Using Copyright Material That Is Not Yours

If you want to reproduce material that is not yours, you must get the permission from the copyright owner. If they allow you to reproduce the material, they may charge you or let you reproduce it for free (with strict terms and conditions).

There are certain exceptions where permission is not required:

  • For research and private study purposes
  • Reviewing & reportin
  • Using as teaching material

However, if any of the above requires copying large amounts of the work or making numerous copies of the work, permission is required.

'Crown copyright' material can usually be reproduced freely given that it is reproduced accurately and not in a misleading fashion that the material is the work of the reproducing party.

So, What Exactly is Crown Copyright Material?

"Copyright material which is produced by employees of the Crown in the course of their duties. Therefore, most material originated by ministers and civil servants is protected by Crown copyright"

Source:www.opsi.gov.uk/

More Information

This article has covered the basic elements of copyright. However this area is very detailed and carries a large amount of legislation. It is therefore important to read further and consult expert advice before you act on any information.

The Patent Office is the best resource to consult for this particular area.

Relevant Articles

Copyright Protection Online:
An Overview of Trademarks:
An Overview of Patents:
How to Avoid UK Trademark Problems:


Article Index

1 Introduction
2 Your Copyright




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