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How is copyright infringed

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Lawdit Solicitors - Expert Author

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Released 21 October 2008

The Copyright Designs and Patents Act 1988 gives the copyright owner a range of rights under s16, these include the exclusive right to publish, copy, adapt, perform or show a work in public, if any one other than the copyright owner attempts to use the copyright work in this manner within the U.K then it is likely there will be a case of infringement.

Copyright infringement may be divided into 2 areas, primary and secondary infringement:

Primary infringement occurs irrespective of as to whether the copying was intentional by an infringer (s16-21 CDPA 1988)

Secondary infringement on the other hand, will occur only if the infringer was aware or had knowledge of the fact that he was dealing with an infringing copy (s22-26 CDPA 1988)

Infringement occurs if a substantial part of the copyright work is copied, this test looks at quality rather than quantity therefore infringement will occur even if a small part of a copyright work is copied as long as the part copied is a significant part of the copyright work. A case in point- Spelling Goldberg Productions Inc. v B.P.C. Publishing Ltd [1981], in this case the defendants had a magazine and wall poster which embodied photographs which were reproductions of individual frames from the claimants Starsky and Hutch films, infringement was established even though only individual frames were taken from the films!

By Rehana Ali, assistant to Izaz Ali. Izaz Ali is a commercial lawyer who specialises in information technology law and intellectual property law with an emphasis on IT, escrow and buying and selling online businesses.


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2008-10-25 00:19:43 in Legal Articles

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