Judicial Copyright Disputes

A copyright owner of a work has the exclusive right to:

Copy the work

Publish the work

Make an adaptation of the work

To broadcast the work.

If any of the above acts are carried out by a third party without authorisation, the copyright owner has the right to pursue a claim for Copyright Infringement.

Infringement can take place where both the whole of the work is copied or a substantial part.

Infringement can also be Direct and Indirect. For example if a photograph is taken of a painting, the copyright in the painting will be indirectly infringed.

Primary Infringement – this takes place where a person commits an infringing act or authorises others to do so.

Secondary Infringement – this takes place when persons commercially deal with infringing copies or articles or premises used to commit the infringement.