| Copyright,
Designs and Patents Act 1988
Infringing
Copies
The statutory definition
of an "infringing copy" of a copyright
work is contained in section 27(2) of the copyright,
designs and patents act 1988. This provides that
"an article is an infringing copy if its
making constituted an infringement of the copyright
in the work in question".
Offences:
Copyright, Designs and Patents Act 1988
Under section 107(1)
a person commits an offence who, without the licence
of the copy right owner -
(a) makes for sale or hire, or
(b) imports into the united kingdom otherwise
that for his private and domestic use, or
(c) possesses in the course of a business with
a view to committing any act infringing the copyright,
or
(d) in the course of a business -
(i) sells or lets for hire, or
(ii) offers or exposes for sale or hire, or
(ill) exhibits in public, or
(iv) distributes, or
(e) distributes otherwise than in the course of
a business to such an extent as to affect prejudicially
the owner of the copyright,
An article
which is, and which he knows or has reason to
believe is, an infringing copy of a copyright
work.
Under
section 107(2) a person commits an offence
who -
(a) makes an article specially designed or adapted
for making copies of a particular copyright work,
or
(b) has such an article in his possession,
knowing or having a reason to believe that it
is to be used to make infringing copies for sale
or hire or for use in the course of a business.
Under section 107(3) where copyright is
infringed (otherwise than by reception of a broadcast
or cable programme) -
(a) by the public performance of a literary, dramatic
or musical work, or
(b) by the playing or showing in public of a sound
recording or film,
Any person who caused the work to be so performed,
played or shown is guilty of an offence if he
knew or had reason to believe that copyright would
be infringed.
Penalties:
Copyright, Designs and Patents Act 1988
Section 107(4)
provides that the offences under section 107(1)(a),(b),(d)(iv)
and (e) are offences tryable either way.
On conviction on indictment the maximum penalty
is ten years imprisonment and/or an unlimited fine.
On summary conviction the maximum penalty is 6
months imprisonment and/or a £5,000 fine.
All of the remaining offences under section
107 are summary offences carrying a maximum
penalty of 6 months imprisonment and/or a £5,000
fine.
Specimen
Charges/Summonses: Copyright, Designs and Patents
Act 1988
(1) on the... Day of... 19..
at...
without the licence of the copyright owner you
made for sale/hire an article, namely ... Which
was and which you knew or had reason to believe
was an infringing copy of a copy right work.
contrary to section 107(1)(a) of the copyright,
designs and patents act 1988
(2) on
the ... Day of... 19..
at...
without the licence of the copyright owner in
the course of a business you distributed an article,
namely ... Which was and which you knew or had
reason to believe was an infringing copy of a
copyright work.
contrary to section 107(1)(d)(iv) of the
copyright, designs and patents act 1988
(3) on
the ... Day of... 19..
at ...
without the licence of the copyright owner in
the course of a business you sold/let for hire
an article, namely ... Which was and which you
knew or had reason to believe was an infringing
copy of a copyright work.
contrary to section 107(1)(d)(i) of the
copyright, designs and patents act 1988
(4) on
the ... Day of... 19..
at...
without the licence of the copyright owner you
had in your possession in the course of a business
an article, namely ... Which was and which you
knew or had reason to believe was an infringing
copy of a copyright work and with a view to committing
an act infringing its copyright.
contrary to section 107(1)(c) of the copyright,
designs and patents act 1988
(5) on
the ... Day of... 19..
at...
did cause a film, namely ... To be shown in public
whereby the copyright in the said work was infringed
knowing or having reason to believe that the copyright
would be infringed.
contrary to section 107(3) of the copyright,
designs and patents act 1988
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