The Copyright, Designs and Patent Act 1988 (‘the Act’) creates criminal liability for:
- making or dealing with items that infringe copyright,
- making or dealing with an article specifically designed or adapted for making copies of a copyrighted item,
- communicating work to the public, knowing or having reason to believe that, by doing so, it infringes copyright and intending to make, gain or knowing or, having reason to believe, that it will cause a loss, or risk of loss, to the copyright holder by doing so,
- causing work to be performed/communicated to the public knowing or having reason to believe that in doing so it is infringing copyright,
- the making, dealing with or use of illicit recordings,
- infringing a performer’s ‘making available right in a recording’, intending to make a gain or, knowing or having reason to believe, a loss or risk of loss will be caused to the performer by that infringement,
- causing a recording of a performance to be shown or played in public or communicated to the public, knowing or, having reason to believe that by doing so, performing rights will be infringed,
- providing devices and services designed to circumvent technological measures put in place on items other than a computer program to prevent the infringement of copyright,
- dishonestly receiving a programme included in a broadcasting with the intent to avoid any charge applicable to the reception of that programme,
- the use of unauthorised decoders.
The Offences | Kangs Copywright, Designs and Patents Advisory Solicitors
The Act is all encompassing and creates offences for all aspects of infringing copy-right including:
- making items for sale and hire,
- distributing, other than in the course of a business, if it is done to the extent that it prejudices the owner of the copyright.
- possessing an item in the course of a business with the intention using it for infringing copyright.
Potential Defence | Kangs Copywright Breach Defence Team
The obtaining of all essential and relevant permissions, consents and licences from the copyright holder prior to any dealing of the nature outlined above must have been finalized.
Sentencing Upon Conviction | Kangs Regulatory Advice Team
- On summary conviction before a Magistrates’ Court, depending on the offence, sentences may range from a £5000 fine to a prison sentence of six months,
- Conviction before a Crown Court, again depending on the offence, may result in a maximum prison sentence of ten years and or a fine.
How Can We Help? | Kangs Criminal Defence Solicitors
Should you find yourself facing an investigation, it is essential that you seek experienced representation from the outset, given the severe penalties that can be handed down by a court following conviction.
Please do not hesitate to contact our team through any of the following who will be pleased to speak to you: