Copyright Infringement - File sharing - peer 2 peer networks: update and advice

26 May 2010

Copyright Infringement - File sharing - peer 2 peer networks: update and advice

By Paul Bicknell

We have been receiving a larger than normal call volume in connection with individuals who have received letter(s) of claim from Acs: Law. These letters allege that users' internet connections have been used to make certain works available to the public via Peer 2 Peer networks where further infringements of copyright could occur.

It should be noted that we have taken instructions from over 200 clients and not one of them have actually been sued. This figure shows a propensity on Acs: Law's part in not issuing any claims against our clients, but it is by no means concrete evidence that Acs: Law will not issue a claim against you if you completely deny infringing the work (whether you have committed the infringement or not). Therefore, careful consideration of you legal position should be made before denying or seeking to settle the allegations in a letter of claim.

What should I do?

It may be the case that you did not upload (i.e. place or allow the work to be copied by other users on peer 2 peer networks) or download the work from other users. In this instance if you have not done the act alleged you should strongly deny the same.

If, and only if, you have downloaded or uploaded the work you will have committed an infringement of copyright. In this instance it is advisable to pay up and get rid of the matter as soon as possible. However, if you have decided to settle the matter and pay up you may want to consider negotiating the settlement figure down.

Also, when settling it is important not to sign any undertaking.

Will the matter go away if I ignore the letter of claim?

No. The simple point here is that you should not ignore any letter of claim. Ignoring and allowing the time limit under the letter to expire may result in a sealed claim form being sent to you. In other words, ignorance will make the matter worse so do not ignore the letter.

Will the matter go away if I ignore the claim form?

No. If you do receive a sealed claim form again the position is simple, do not ignore it. If you do ignore it and fail to file an Acknowledgement of Service or a Defense this will entitle the Claimant to apply for judgment in default for the below remedies under Part 12 of the Civil Procedure Rules.

Remedies for copyright infringement.

The remedies for copyright infringement include damages; an injunction; delivery up of all infringing material; an account of profits (provided that damages are not sought); and costs. Though note as these cases are made out to individuals who do not sell the work on, it is unlikely that an account of profits will be sought; damages would be more appropriate.

Conclusion

If you have received a letter of claim alleging that you have infringed copyright contact this office: 023 8023 5979.

Paul Bicknell is a trainee solicitor at Lawdit who specialises in intellectual property law with an emphasis on commercial and consumer litigation. Paul can be contacted via paul.bicknell@lawdit.co.uk <mailto:paul.bicknell@lawdit.co.uk>.