Copyright Infringement
Copyright Infringement
Copyright is a type of intellectual property that protects original works and grants the original creator exclusive rights to the work.
Governed by the Copyright, Designs and Patents Act 1988, a copyright requires permission from the copyright owner for the original work to be used elsewhere by other parties.
Copyright protection is crucial to both individuals and businesses, safeguarding the commercial value and artistic integrity of their work.
Whether you wish to enforce your copyright or defend a copyright infringement claim, Napthens’ expert Intellectual Property team is entirely dedicated to matters of contentious IP including copyright disputes.
What Constitutes Copyright Infringement?
Copyright infringement may occur when someone besides the copyright owner carries out certain acts involving the copyrighted work without permission.
This may include:
- Reproducing the creative work
- Selling unauthorised copies of the creative work
- Using the copyrighted work in public forums, both online and offline
- Claiming ownership or authorship of the work
- Exceeding usage permissions or breaching licence terms
Types of Copyrighted Works We Work With
Original works we work with include, but are not limited to:
- Literature
- Music
- Screen and stage
- Artwork
- Computer programs
Steps to Making a Copyright Infringement Claim
Our experts can assist you through each stage of making a copyright infringement claim:
1. Assessment
We discuss the situation with you and analyse the evidence of the claim, building a case together.
2. Pre-Action Correspondence
We set out your remedies sought through the likes of formal cease-and-desist letters and take-down notices to the suspected infringer.
3. Negotiation
We engage in discussions to seek undertakings, licence fees or compensation. Where possible, we seek positive outcomes without the need to take things to court.
4. Litigation
If settlement cannot be reached, we issue proceedings in court.
5. Enforcement
Following successful litigation, the judgement should be enforced. This includes injunctions, damages and return of works (‘delivering up’).
Steps to Defending a Copyright Infringement Claim
1. Review
We assess the claim against you or your business and the legal basis of the claim of copyright infringement.
2. Response Strategy
We prepare robust and proper defence with a view to resolving the matter discreetly with commercial goals in mind.
3. Negotiation
We negotiate settlement or terms to avoid court proceedings wherever possible.
4. Defence Proceedings
Should court action follow, we represent you in court.
5. Reputation and Risk Management
We work with you on minimising risk to brand or personal reputation, and implement long-term solutions to reduce the risk of further disputes.
Get in Touch
To speak with an expert, get in touch via our contact form today.
FAQs
How long does a copyright last in the UK?
This depends on the type of work or performance.
For literary, musical, dramatic and artistic works, a copyright lasts from the creation of the work in question until 70 years after the death of the copyright owner.
Other works, such as broadcasts and non-creative films, this is reduced to 50 years from creation. For typographical arrangements this is reduced further to 25 years.
Note too that for some works such as performers’ rights and sound recordings, the standard is 50 years, but if the sound recording for either is recorded during that time frame and played in public or broadcast, copyright extends to 70 years from that year.
What is the ‘2039’ rule in copyright infringement?
The 2039 rule of copyright states that some pre-1989 unpublished works are protected until 31st December 2039, even where the author has died many years prior to 1989. This includes the likes of literary, dramatic and musical works, but the rules differ for certain works. Check here on the gov website for a full list.
Can a copyright be passed from the original owner?
Yes. Copyright can be assigned or licenced to another party with the permission of the original creator. This can be undertaken either in part or in full.
An assignment represents a permanent transfer of the copyright’s ownership.
A licence allows someone else to use the work within the agreed limitations, without changing the ownership from the original creator.
What awards are given for successfully claiming copyright infringement?
A successfully proven infringement can result in the court ordering:
- Injunctions: Preventing further infringement
- Damages or an account of profits: Compensation for losses or infringer’s gains
- ‘Delivery up’ or destruction: The works are returned or destroyed
- Costs orders: This requires the losing party to cover the legal costs of the claimant
Do you have to go to court to enforce or defend copyright?
No, not necessarily. Where possible, out of court negotiation and settlement should be sought to avoid costly court fees and the costs of representation.
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