Copyright Infringement – How to Protect Your Rights

Copyright infringement is the action through which someone other than the author copies, reproduces or makes public an original work without consent. In the United Kingdom, the Copyright, Designs and Patents Act 1988 establishes the acts that constitute copyright infringement, and there are also some educational resources offered free of charge by the Government to copyright holders to help them protect their rights. Despite this, not all authors take the right course of action once they discover an act of infringement. Some underestimate the severity of this action and do not do anything, while others are overly drastic and seek compensations no matter the circumstances. To protect copyright and solve the problem in a fair, efficient and civilised way, you must first understand when infringement occurs, how to stop it from happening and what remedies can be offered to you.

Make sure copyright has Actually been infringed

Accusing someone of copyright infringement is a serious decision that should be taken only if you are 100% sure your rights were infringed. Coincidence and incidental inclusion are not classed as infringement. Instead, someone can be held accountable in the following situations:

• Copying or reproducing all or a substantial part of your original work. Please note that the reproduced result should be similar to the original in form, not in concept;
• Issuing copies of your original work to the public, including by means of the Internet; 
• Renting or lending your original work to the public.

The term "substantial part" does not indicate a specific percentage. Instead, it is used to indicate the significance. Copyright infringement can occur even when someone has copied two verses of a poem if those two verses are extremely representative. If you are not sure of the infringement, you can always ask a solicitor to compare both works and provide a second opinion.

Some actions, described collectively by the term "Fair Dealing", are exempt from copyright infringement penalties. Fair Dealing means that someone can use copyright materials without permission, if their actions are not for monetary gain and fall under the following categories:

• Research and private studies; 
• Criticism or reviews; 
• News reports: generally, photographs are not exempt unless the author is given enough credit; 
• Teaching and educational purposes; 
• Aiding disabled individuals (i.e. Braille books for the visually impaired)

The importance of evidence and facts

Once you have made sure that someone has really infringed copyright, and their actions are not classed as exemptions, you should start gathering as much evidence as possible. The case might not always go to Court, but you should still have enough evidence to make sure you are successful. You will need a copy of the original work (or its registered version, if it has been changed since registration) and a copy of the infringing work. Make a copy of the infringement as soon as you find it, even before contacting the infringer. If you delay doing this, the infringer could delete or alter the copy to avoid your claim.

The date of registration is also important because it shows that the original work belonged to you first. Any dated documents, articles or correspondence mentioning your work before infringement will help build a solid claim and prove that you are the true author.

Write a letter to the infringer

The next step is to contact the infringer in writing and inform him or her that you are aware of the infringement. Any correspondence between the author and infringer is extremely important, and you should try to maintain a firm and formal tone, without being impolite. Make sure you write in a clear style and mention the following:

• Explain to the infringer which of your original works has been copied and why the action is an infringement. Some people are not familiar with Intellectual Property; 
• Explain that infringement is unacceptable, that your original work is protected by the law and you have the right to object to unauthorised use; 
• Request an action to solve the problem. You should start by asking the infringer to withdraw all copies of the copyright material. However, if you also wish to obtain financial compensation, you should contact a solicitor for legal advice; 
• Mention the date by which your requests must be met. In most circumstance, 28 days is enough time for the infringer to take down all copies.

Always keep copies of the correspondence between you and the infringer. Be sceptical of any deal or agreement that he or she suggests, and do not sign anything unless you are completely sure what it involves.

If you do not receive a reply from the infringer or the reply is not satisfactory, you should seek legal advice from an experienced intellectual property solicitor.

Online copyright infringement

Nowadays, considerable amounts of copyright materials are published online without the author's permission. If you find all or a significant part of your work published on a website, then you should also contact the hosting company (no matter if it is foreign or UK-based) and the ISP (Internet Service Provider) in addition to contacting the infringer. Sometimes, they will remove the online copy themselves to avoid liability.

If the online copy is removed by the hosting company or ISP, but you received no answer from the infringer, you should continue trying to make contact, because your work might have been copied on other formats as well.

The sooner you find out about the infringement, the better. To make sure infringers do not use your work for a long time, you can use online services that monitor the Web and notify you when a copy is published somewhere else.

When to contact a solicitor

Contacting a solicitor is not always necessary. If the infringer understands and accepts your conditions, you can end the dispute amicably. However, if you do not receive a reply, or the infringer refuses to delete copies of your work, legal advice from an intellectual property solicitor is recommended, and often essential. Moreover, if you are not satisfied with the removal of all copies and also wish to be financially compensated, hiring an experienced solicitor will help to ensure you reach a suitable conclusion.

Remedies for copyright infringement

If a copyright infringement case is taken to Court and is successful, the Court may decide the following:

• All further infringement shall be stopped;
• The copyright holder shall receive financial damages. These are usually calculated based on the fee that the infringer should have paid to use the work legally, but additional damages can be added if the infringement was significant; 
• The infringer shall give all profits made from the infringement to the copyright owner as an alternative to damages; 
• Infringing items shall be destroyed.