Copyright Infringement in UK Law

Leading Cases
  • Designer Guild Ltd v Russell Williams (Textiles) Ltd (trading as Washington DC)
    • House of Lords
    • 23 November 2000

    The first step in an action for infringement of artistic copyright is to identify those features of the defendant's design which the plaintiff alleges have been copied from the copyright work. The court undertakes a visual comparison of the two designs, noting the similarities and the differences. It is at this stage that similarities may be disregarded because they are commonplace, unoriginal, or consist of general ideas.

  • Ladbroke (Football) Ltd v William Hill (Football) Ltd
    • House of Lords
    • 21 January 1964

    The reproduction of a part which by itself has no originality will not normally be a substantial part of the copyright and therefore will not be protected. For that which would not attract copyright except by reason of its collocation will, when robbed of that collocation, not be a substantial part of the copyright and therefore the courts will not hold its reproduction to be an infringement.

  • C.B.S. Songs Ltd v Amstrad Consumer Electronics Plc
    • House of Lords
    • 12 May 1988

    My Lords, I accept that a defendant who procures a breach of copyright is liable jointly and severally with the infringer for the damages suffered by the plaintiff as a result of the infringement. The defendant is a joint infringer; he intends and procures and shares a common design that infringement shall take place. A defendant may procure an infringement by inducement, incitement or persuasion.

  • Hyde Park Residence Ltd v Yelland
    • Court of Appeal (Civil Division)
    • 10 February 2000

    I have pointed out earlier in this judgment that the basis of the defence of public interest in a breach of confidence action cannot be the same as the basis of such defence to an action for infringement of copyright. In an action for breach of confidence the foundation of the action can fall away if that is required in the public interest, but that can never happen in a copyright action.

  • R and Others v Secretary of State for Culture, Olympics, Media and Sport BPI (British Recorded Music Industry) Ltd and Others (Interested Parties)
    • Queen's Bench Division (Administrative Court)
    • 20 April 2011

    However, penalties may be imposed under section 124L only as a sanction for a breach of an initial obligation, for example, by a failure to notify a subscriber of a CIR, or to provide a copyright owner with a Copyright Infringement List ("CIL"), or for a breach of a technical obligation (a failure to take a technical measure against a relevant subscriber), or for a failure to give Ofcom any assistance that they reasonably require for the purposes of complying with any direction by the Secretary of State.

    The Claimants also argue that the proposed exclusion of small-scale ISPs from the scope of the initial obligations is "discriminatory" under Article 6 of the AD (assuming that the AD applies at all to the contested provisions). However, it appears from the evidence that Ofcom proposed the initial qualifying threshold of 400,000 subscribers as a starting point because it represented a proportionate response.

  • Lambretta Clothing Company Ltd v Teddy Smith (UK) Ltd
    • Chancery Division
    • 23 May 2003

    Finally, it is convenient to mention here the literary copyright which Lambretta claims in the written specifications at the bottom of LMK 5310 and the more extensive specifications in the second half of the Specification Document. Those specifications formed, in substance, directions to the manufacturer as to the manner in which to produce the Lambretta Track Top.

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Legislation
  • Digital Economy Act 2010
    • UK Non-devolved
    • January 01, 2010
    ...... Office of Communications; to make provision about the online infringement of copyright and about penalties for infringement of copyright and ......
  • Copyright Act 1911
    • UK Non-devolved
    • January 01, 1911
    ......and architectural works of art shall not be deemed to be publication. of such works. S-2 . Infringement of copyright. 2 Infringement of copyright. . (1) Copyright in a work shall be deemed to be infringed. by any person who, without the consent of ......
  • Copyright, Designs and Patents Act 1988
    • UK Non-devolved
    • January 01, 1988
    ......to copyright works), and. . . (b) the provisions of Chapter VII (provisions with respect. to copyright licensing). S-17 . Infringement of copyright by copying. 17 Infringement of copyright by copying. . (1) The copying of the work is an act restricted by the. copyright in every ......
  • Trade Marks Act 1994
    • UK Non-devolved
    • January 01, 1994
    ......infringement of an unregistered trade mark as such; but nothing. in this Act affects ...particular by virtue of the law of copyright, design. right or registered designs. . . A person thus entitled to ......
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Books & Journal Articles
  • Early warning of risks of copyright infringement in digital library based on extension theory
    • Nbr. 34-2, April 2016
    • The Electronic Library
    • 250-264
    Purpose: – The purpose of this study is to evaluate the potential risks of copyright infringement in digital library based on the extension theory. Design/methodology/approach: – At first, the ana...
  • Computer Programs and Copyright: More Exceptions to Infringement
    • Nbr. 56-4, July 1993
    • The Modern Law Review
  • Copyright in a networked world: ethics and infringement
    • Nbr. 22-1, March 2004
    • Library Hi Tech
    • 106-110
    The statutes themselves are not the only basis for deciding whether an intellectual property rights infringement has occurred. Ethical judgments can also influence judicial rulings. This column loo...
  • New on the net
    • Nbr. 16-6, June 1998
    • The Electronic Library
    • 410-411
    Cyberliability: generic term coined in the late 1990s for various types of legal liability arising from business use of the Internet and e‐mail including cyber‐libel, copyright infringement, breach...
    ...... busi-ness use of the Internet and e-mail including cyber-libel, copyright infringement, breach of confidence, negligent virus transmission, ......
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Forms
  • Chapter IDG53430
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... offence for an unauthorised use of Trade Mark, or any other infringement of the Trade Descriptions Act. Information which can be disclosed. ...This does not include information relating to copyright infringement, which is the use or copy of creative or artistic works ......
  • Chapter CG68250
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . . Copyright is a property right which protects the economic interests of authors in ...Copyright infringement is generally actionable by the owner of copyright, an exclusive licensee ......
  • Chapter CG68455
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... of action such as breach of contract, breach of confidence, infringement of copyright or, as in this case, passing off.”   *. Another case ......
  • Chapter CH203570
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... aware that the information contained on websites is subject to copyright law. Copyright is not an absolute right and there are statutory exemptions ... allow you to save information, pictures or web pages without infringement, if these are required for a compliance check. . . For further ......
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