FACT

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 2 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