Copyright infringement UK: what it is and how to claim

Are you worried about someone copying your creative work, or perhaps you have received a letter accusing you of copyright infringement? Discovering that your intellectual property has been misused can be incredibly stressful and financially damaging. Similarly, facing a sudden legal allegation can threaten your business operations and reputation. This guide explains the framework under UK law, outlining your rights, the potential penalties, and the steps to protect yourself. To secure your assets effectively, it is highly recommended to consult a copyright solicitor.

Quick answer: What is the copyright infringement meaning in the UK?

Copyright infringement in the UK occurs when a person or business carries out restricted acts without the copyright owner’s permission, affecting all or a substantial part of a protected work, including:

• It includes acts such as copying, distributing, performing, or communicating a work to the public without authorisation.
• It applies to many types of content, including images, music, films, software, and written works.
• It is a strict liability issue, meaning infringement can arise even without intention or knowledge.

Read on to discover how to identify these violations and protect your creative assets effectively.

What restricted acts constitute an infringement of copyright?

To fully grasp the copyright infringement meaning, it is essential to look at the rights granted to creators. The author of a copyright work has the exclusive right to authorise or prohibit specific acts relating to that work.

Primary infringement occurs when a person carries out, or authorises another to carry out, restricted acts in relation to a copyright work without the licence of the copyright owner. These acts are outlined under section 16 of the Copyright, Designs and Patents Act 1988:

• Copying the work;
• Issuing copies of the work to the public (including renting or lending);
• Performing, showing, or playing the work in public;
• Communicating the work to the public via electronic transmission, including broadcasting;
• Making an adaptation of the work, or doing any of the above in relation to an adaptation.

Common copyright infringement examples and secondary liability

There are various ways intellectual property can be misused. To clarify the law, it helps to look at copyright infringement examples.

Infringement can be direct or indirect.

Common examples include:

• Reproducing a work in another format (e.g. creating a product based on a photo of a sculpture)
• Downloading or sharing software or music without authorisation
• Using protected images on a commercial website without a licence

Secondary infringement

Unlike primary infringement (strict liability), secondary infringement requires knowledge. It includes:

• Importing infringing copies
• Possessing or selling infringing goods in business
• Providing tools to make infringing copies
• Allowing premises or equipment to be used for infringement

Vicarious and joint liability

A person or business can be liable without directly infringing:

• Vicarious liability: acts of employees carried out in the course of their employment
• Authorisation: allowing or encouraging infringement
• Joint liability: assisting or acting together in the infringement

Understanding UK copyright infringement penalties and criminal enforcement

Failure to address intellectual property infringement can expose your business to serious UK copyright penalties. While most cases are civil, the Copyright, Designs and Patents Act 1988 (sections 107–110) also provides criminal sanctions for knowing infringement.

Serious offences include:

• Making infringing copies for sale or hire
• Importing infringing goods (other than for private use)
• Distributing infringing copies in the course of business
• Distributing copies in a way that harms the copyright owner

Penalties may include:

• Up to 6 months’ imprisonment and/or a fine (summary conviction, or up to 12 months in some jurisdictions) Up to 10 years’ imprisonment and/or an unlimited fine (serious offences)

What remedies are available for intellectual property copyright infringement?

If someone breaches your rights, there are numerous civil remedies available for intellectual property copyright infringement. These are designed to stop the infringing activity and compensate the owner.

The available remedies include:

• Injunctions: Court orders to stop the infringement, including blocking injunctions against service providers used by third parties to infringe online.
• Damages: Monetary compensation calculated to put the claimant in the position they would have been in had the infringement not occurred. This usually involves calculating a reasonable licence fee.
• Additional damages (for flagrancy): Awarded where the infringement has been flagrant, taking into account the benefit accruing to the defendant.
• Account of profits: An alternative to damages where the defendant must account for the profits made as a result of the infringement.
• Delivery up and destruction: Orders for the infringing goods to be delivered up, seized, destroyed, or forfeited.
• Norwich Pharmacal orders: Orders to disclose the identity of a wrongdoer from a third party involved in the wrongdoing.
• Freezing orders and search orders: To prevent assets or evidence from being dissipated or concealed.

To pursue these remedies, a six-year limitation period applies. This time limit runs from the date the cause of action accrued.

How to avoid copyright infringement and enforce your rights under copyright infringement law

Protecting your business from risks involves taking proactive steps under copyright infringement law. To prevent your intellectual property from being misused, or to handle a situation where you are accused, you must implement effective prevention measures.

Proactive prevention measures

• Marking your IP: Applying a copyright notice to discourage infringement.
• Technological measures: Using digital protection tools to limit unauthorised copying online.
• Customs enforcement: Working with UK Border Force to help detain suspected counterfeit goods entering the country.
• Policing the market: Identifying infringements through monitoring, intelligence or specialised contractors.

Pre-litigative action

Before going to court, you can attempt to resolve the issue through:

• Cease-and-desist letters: Demanding that infringers stop their activity.
• Notice and takedown: Using online platform tools to report and remove infringing content.
• Licensing: Resolving the dispute by granting the infringer permission to use your IP under agreed = terms.
• Mediation: Using the IPO’s mediation service or other neutral third parties to settle out of court.

Taking civil action in Court

If out-of-court settlements fail, you can pursue civil litigation. The appropriate venue depends on the complexity and value of your claim.

Do I need copyright infringement solicitors to handle a claim?

FAQs

What should I do if I am accused of copyright infringement? If you receive an allegation of copyright infringement, do not ignore it. Take time to assess the validity of the claim. Seek professional legal advice promptly to determine whether you have a valid defence (such as temporary copying) or whether you should attempt mediation or negotiate a licensing agreement to avoid court action.

Can I recover my legal costs in a copyright dispute? Yes. The general rule in UK’s civil courts is that the losing party will be ordered to pay a proportion of the successful party’s legal costs. If the claim is heard in the Intellectual Property Enterprise Court (IPEC), the total recoverable costs are capped (currently up to £60,000).

Are there specific rules for online copyright infringement? Yes. Section 97A of the CDPA 1988 allows copyright owners to apply for blocking injunctions against online intermediaries whose services are used by third parties to infringe copyright. Platforms acting as a “mere conduit” can be ordered to block access if they have actual knowledge, typically established through notice.

This guide provides general information only and does not constitute legal advice.

Unauthorised use of creative work carries significant legal and financial risks for businesses and individuals alike. Taking proactive steps and understanding the strict liability nature of the law is essential. Seeking specialist legal advice ensures your assets are protected, risks are mitigated, and disputes are resolved efficiently.

Is your creative work being exploited without your permission?

Qredible’s network of specialist solicitors can help you enforce your intellectual property rights, send cease-and-desist letters, and secure the compensation you may be owed.

NEXT STEPS:

• Gather and preserve evidence (copies of the work, dates of creation, screenshots of infringement, and any correspondence)
• Assess your position (ownership, licences, possible defences, and financial impact)
• Take early legal action (send a cease-and-desist letter or seek specialist advice before infringement escalates).