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The copyright, designs and patents act 1988 (CDPA 1988) gives the copyright owner exclusive rights in the UK to carry out various acts in relation to the copyright work. Activities set out in the CDPA 1988 carried out by those other than the copyright owner, without permission, may infringe the owner's exclusive rights.
There are two types of copyright infringement. Primary infringement occurs when a person does, or authorises another to do, any of the restricted acts without the permission of the owner of the copyright. Primary infringers are strictly liable, which means that their state of mind is not relevant to liability. Secondary infringement occurs 'further down the supply chain' where infringing works are dealt with or their production facilitated. Knowledge is required.
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The Copyright, Designs and Patents Act 1988 (CDPA 1988) gives the copyright owner exclusive rights in the UK to carry out various acts in relation to the copyright work. Activities set out in CDPA 1988 carried out by those other than the copyright owner, without permission, may infringe the owner's exclusive rights.Status of EU copyright law in the UKAs of 31 January 2020, the UK ceased to be an EU Member State. In accordance with the Withdrawal Agreement, the UK entered a transition or implementation period of 11 months ending on 31 December 2020 (IP completion day), during which it continued to be subject to EU law. EU law introduced, or implemented, after the expiry of this period is not binding on the UK. For pre-existing legislation, the legal position existing immediately before IP completion day was preserved for the purposes of legal continuity, by taking a snapshot of the EU law that applied in the UK at that point and (for the most part) bringing it within the UK’s...
Stage 1—preparing to bring a claim and pre-action mattersClaim preparation and pre-action matters—Practice Notes•Copyright―protectable works•Copyright—subsistence and qualification•Copyright—authorship and ownership•Copyright infringement•Interim and final injunctions—overview•Copyright—permitted acts and defences•Copyright—secondary infringement•How to run an IP dispute•Disclosure scheme—overview•Types of dispute resolution•IP and mediation•IP and arbitration•UK Intellectual Property Office—mediation schemeClaim preparation and pre-action matters—Precedents•Notice of seizure of infringing copies•Cease and desist letter—IP infringementClaim preparation and pre-action matters—Checklist•Disclosure Scheme timetable—checklistClaim preparation and pre-action matters—Forms•Application for injunction•Application notice•Notice of hearing of applicationClaim preparation and pre-action matters—News Analysis•The use of intellectual property insuranceStage 2—letter of claim alleging copyright infringementLetter alleging copyright infringement—Practice Notes•Copyright infringement•How to draft a letter of claim in an IP dispute•Unjustified threats of intellectual property right infringement•Civil and criminal remedies for intellectual property infringement•Copyright infringement—remediesLetter alleging copyright infringement—Precedents•Letter of claim—copyright infringement•Letter of claim—peer-to-peer copyright infringementStage 3—commencing proceedingsCommencing proceedings—Practice Notes•Copyright infringement•Copying software and copyright•Civil and criminal remedies for intellectual property infringement•Copyright infringement—remedies•Business and Property Courts•Copyright criminal offences•Disclosure scheme—overviewCommencing proceedings—Precedents•Claim form (copyright infringement)—the contents•Particulars of claim (copyright infringement)•Defence (copyright infringement)•Reply (copyright infringement)•Initial disclosure list of documents—disclosure oscheme in...
Discover our 17 Practice Notes on Infringement of copyright
Final order (copyright infringement) Case No. [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [INTELLECTUAL PROPERTY ENTERPRISE COURT] Before: Date: BETWEEN: [insert full name of claimant]        Claimant and [insert full name of defendant]        Defendant __________________________________ ORDER __________________________________ UPON the trial of action [insert claim number] before [Mr OR Mrs OR Miss OR [insert other]] Justice [insert name] on [insert trial date]; AND UPON the Court giving judgment in the action on [insert date]; AND UPON the Court finding for the Claimant in respect of its claims for infringement of copyright; IT IS ORDERED THAT: Declaration 1 Copyright subsists in [insert details of work] (the Work) and is owned by the Claimant. 2 [Insert details of defendant’s acts] constitute [ [an act of OR acts of] ] infringement of the Claimant’s copyright in the Work. Injunction 3 The Defendant shall not (whether acting by its directors, officers, employees, servants, agents or any...
Claim form (copyright infringement)—the contents The purpose of the claim form A claim form is the document used to start proceedings. It contains information relevant to the proceedings, including: the court reference number to be used on all subsequent court documents; the parties to the proceedings; what is being claimed; particulars of the claim (including any claim for interest); and contact details for the claimant, generally the claimant's solicitor. Guidance as to the contents of a claim form generally can be found in the Practice Note: Claim form—the contents. This Precedent provides an containing suggested text for use in relation to a claim for copyright infringement. The form sets out guidance as to the specific points which should be taken into account when completing a claim form for use in such proceedings. The claim form is part of a suite of Precedents, and should be read in conjunction with the following Precedents: • Particulars of Claim (copyright infringement) • Defence (copyright infringement) • Reply (copyright infringement) •...
Dive into our 5 Precedents related to Infringement of copyright
Is the date of knowledge (as defined in section 14 of the Limitation Act 1980) relevant in intellectual property infringement claims or does the strict six-year limitation period apply from the date of infringement? This Q&A has assumed that the question relates to the position under the law of England and Wales. Infringement of IP rights is a tortious act. Accordingly, as for other torts, the limitation period will be six years from the date on which the cause of action accrued (see section 2 of the Limitation Act 1980 (LA 1980)). The date of knowledge (as defined in LA 1980, s 14) does not apply to claims relating to the infringement of IP rights. It is most frequently relevant in cases involving industrial disease (eg noise-induced hearing loss or asbestosis) and in clinical negligence cases (particularly where the injury in question is the worsening of a condition because the clinical team failed to diagnose and treat the real source of the problem). For more information, see Practice Notes: Date...
Does a third party have a right to use copyright works such as architectural drawings as part of a planning application? Copyright infringement The Copyright, Designs and Patents Act 1988 (CDPA 1988) defines the author of a copyright work as the person who created it (rather than the commissioner). The author as creator is not always the owner of a work, although it is usually the case that they are the first owner of copyright unless employed, in which case the employer is. CDPA 1988 sets out the restricted acts in relation to copyright works which require the authorisation of the author or copyright owner to be carried out; copying being one of those acts. Using material that is protected by copyright by reproducing it in a planning application is an act of copying, and therefore requires the permission of the author or copyright owner, in the absence of an applicable exception, provided that the term of copyright for the material in question used has not expired. For...
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TMT analysis: The Court rejected Stability’s application for summary judgment or strike out of parts of Getty’s claim concerning Stability’s image-generation AI, Stable Diffusion. Getty pleaded only an inference of primary copyright and database infringement in the UK, based on members of Stability’s team residing and working there. However, Getty’s claim has a real prospect of success because of evidence potentially pointing to UK acts, unanswered questions and inconsistencies in Stability’s evidence and the potential impact of disclosure. Further, the trial judge should decide whether ‘article’ for the pleaded secondary copyright infringement claims covers software, since this was a novel question and not straightforward. Getty was also allowed to amend its pleadings. As well as illustrating the challenges of obtaining summary judgment or strike out for a claim based only on an inference, the judgment contains clues as to Stability’s litigation strategy in a case where, almost a year in, it is yet to file a defence. Written by Matt Hervey, head of Artificial Intelligence Law at Gowling WLG.
IP analysis: There has been a noted increase in the number of websites offering reduced-price software, that is seemingly genuine but is not. The downloading, accessing and/or use of pirated software is illegal, and perpetrators can face not only civil liability but also criminal prosecution. Where that wrongdoing is carried out by an employee in the course of their employment, the employer can be held liable for the employee’s actions. Software companies can now identify with increasing accuracy when pirated software has been used, and by whom, by their IP address. It is not uncommon, therefore, for an employer to receive a Letter Before Claim alleging wrongdoing on the part of one of its employees, threatening legal proceedings against the employer if demands for financial compensation are not met. In this article, Partner Will Charlesworth from Keystone Law considers what the legal basis is for such a claim against an employer, the potential available remedies and defence, how to resolve the claim before it escalates, and what immediate steps should...
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