Copyright Infringement: The Remedies
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Written on 04 September 2013
If an owner of copyright discovers that its copyright has been
infringed they are entitled to a range of remedies, an exclusive
licensee in relation to an infringed work, is also entitled to remedies
concurrently with original owner.
Damages are commonplace and are usually aimed at compensating the owner
of copyright for the infringement for the wrong they have suffered.
They do not always necessarily reflect the amount an infringer would
have had to pay the owner of copyright, had they legitimately used
Damages are not available against a person that is innocent or that has
no knowledge of the subsistence of copyright in a work they may have
infringed, however, this does not bar the owner from obtaining any of
the other remedies.
There is also an option of additional damages for a claimant, this
depends largely on the circumstances of a case, i.e. a defendant that
has profited significantly from infringement of copyright may have to
pay additional damages.
Account of profits
This is a remedy that requires careful consideration by a claimant, if
the court order for an account of profits from an infringer and it
transpires that little profit was generated from an infringement, the
claimant cannot claim substantial damages and nominal damages are
likely to be awarded.
Order for delivery up or destruction
A copyright owner may be able to obtain an order that the infringer
dispose of or deliver to the original owner any items that infringe its
There is further a provision under the CDPA 1988 that allows for the
owner of copyright to seize work infringing its copyright, this does
however have its limitations as it does not allow a claimant to enter
the business premises of a infringer. In practice this remedy is most
effective against market or street traders.
Interim injunctions are fairly common for the infringement of
copyright, when the court is considering whether to grant an injunction
they will consider whether there is a sufficiently serious triable
The case of Football Association Premier League Ltd v British
Sky Broadcasting Group Ltd 2013 is a good recent illustration of an
injunction. The copyright owner of television recordings of English
Premier League football matches obtained an injunction, which required
UK Internet service providers to block access by their customers to
websites that streamed broadcasts of the football matches in breach of
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Article Published/Sorted/Amended on Scopulus 2013-09-20 09:08:21 in Legal Articles
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