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Secondary copyright infringement

Written by Ben Evans on 09 September 2011

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There are 5 acts that constitute secondary copyright infringement. This article outlines these 5 acts.

1) Importing infringing copies (s22)

Importing infringing copies of a work into the UK other than for private and domestic use is an infringement of the copyright owner's rights. However by way of an exception to this there is the EU principal of 'exhaustion of rights'. Basically there is no infringement of coyright if the copies are imported lawfully to the UK from EEA countries.

2) Possessing or dealing wwith infringing copies (s23)

This consists of: possesion in the course of business; selling or letting for hire (or offering the same); exhibiting inpublic or distributing; and distribution not in the course of business (note this important difference) to such an extent as to negatively affect the copyright owner.

3) Providing means for making infringing coopies (s24)

This consists of making, importing into he UK, possessing (for business), selling or letting for hire (or offering the same) items designed for copying the work and also transmission of the work by telecommunications systems.

4) Permitting use of a premises for infringing performances (s25)

This infringement is simple, it consists of permitting a place of public entertainment to be used for an infringing performance of a literary, dramatic or musical work (although there is no infringement if the person reasonably believed that the performance would not infringe copyright.)

5) Provision of apparatuss for infringing performances (s26)

Supplyig playbackk apparatus, permitting such apparatus to be brought onto premises or supplying a film or sound recording for playback on that apparatus with either knowledge or a reasonable belief that the aforementioned is likely to be used for an infringing public performance of a work.

If you'd like to know more about this article please send an email to Michael Coyle quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

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