Copyright Infringement

If you or your business owns a copyright that has been infringed (copied without your permission), we can put you in direct touch with a barrister who can assist you to prevent further infringement and, if necessary, to take the infringer to court.

Copyright falls within the overall concept of intellectual property.  As soon as the work is created and is recorded in a material form, for example on paper, tape, disc, film or other form, copyright will exist in that particular work. Copyright is the right of an author, composer, artist or other creator to prevent others from copying their work without permission. Copyright owners generally have the right to authorise or prohibit any of the following things in relation to their works:

  • copying the work in any way, such as photocopying a printed page or making a copy of recorded music
  • issuing copies of the work to the public
  • renting or lending copies of the work to the public, unless it comes within the public lending right scheme.
  • performing, showing or playing the work in public.
  • broadcasting the work or other communication to the public by electronic transmission.
  • making an adaptation of the work, such as by translating a literary or dramatic work, or transcribing a musical work.

If your copyright has been infringed, or if you have received a letter claiming that you or your company have infringed someone else’s copyright, you must act quickly. Within days of instructing a barrister, you may be able to ask the court to grant an injunction (a court order having immediate effect) to prevent any further infringement and quickly protect your market, up until the time of the trial. The court will only do so if you have a good case and have acted without delay.

Similarly, if you have been threatened with immediate court action by someone who claims you have infringed their copyright, you should seek advice as soon as possible so that the threat against you may be evaluated by a specialist barrister and you have the advice you need to decide what to do next.

Deliberate infringement of copyright on a commercial scale may also be a criminal offence, such as the sale of counterfeit goods.

Why choose a barrister?

Barristers who specialise in copyright matters act for creative industry sectors such as music, film, publishing, media, television and consumer products. They will provide expert advice on helping you to protect your copyright or to stop others from infringing it. Copyright barristers are specialists whose legal knowledge is backed up by technical and industry experience.

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