The Copyright Designs and Patents Act 1988 gives two different groups of infringing acts. They are primary infringement and secondary infringement. Primary infringements are ‘strict liability’ torts, which means no knowledge or intention is needed to be shown by the defendant to establish liability.
If a person does any of the following restricted acts in the United Kingdom (UK) without the consent or license of the copyright owner, then they are committing a primary act of copyright infringement:
- Copying a copyright work.
- Issuing copies of the copyright work to the public.
- Lending or renting the copyright work to the public.
- Showing, playing, or performing the work in public.
- Communication the work to the public.
- Making an adaption of a copyright work or doing any of the above acts in relation to the adaption.
It is also an infringement of copyright work to authorise another person to do any of the restricted acts above. Infringement results from one of the restricted acts being carried out in respect of the whole or substantial part of the copyright work, either directly or indirectly.
As a business owner who operates online it is vital that you get the right protection for intellectual property (IP). Your IP is a valuable asset that represents your brand and increases in value with your business. The right protection along with an IP notice on your website can prevent others from infringing your work and if it is still infringed, it will be easier to seek damages and removal.
At Lawdit we can assist you regarding all your intellectual property needs, from registering a trade mark to an infringement claim.