Data Protection & Copyright – Copyright Infringement

Last Updated
July 20, 2010
  • Where a substantial part of your work has been used without your permission your copyright is said to have been infringed.
  • It is sensible to try to resolve the matter with the party you think has infringed your copyright because it could save you time and money.
  • In some cases you may need to show the court that you have tried to solve the matter with the other party before starting court proceedings.
  • It would also make sense to seek legal advice at an early stage.
  • If you do go to court, the courts can: stop the party from using the copyrighted work by granting an injunction; award damages to you; make the party give up the goods to you.

Where copyright infringement is a crime

  • The exception to this is deli berate infringement of copyright on a commercial scale, which may be considered a criminal offence called piracy.
  • If your copyrighted is a victim of piracy, you can contact the Police or your local Trading Standards Department.
  • The Police or your local Trading Standards Department are unlikely to be able to take any action unless you can: provide good intelligence about the crime; help identify infringing goods; assist with the preparation of evidence; and be prepared to appear in court.

Copyright exceptions

  • There are certain circumstances where limited use of copyrighted work can be used without permission.
  • These exceptions include: non-commercial research, private study, reporting current events, teaching in educational establishments and not-for-profit public playing of recorded music.
  • A full list of exemptions can be found in the copyright sections of the Copyright Designs and Patents Act 1988 (amended), which can be downloaded from the bottom of this page.

More information

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