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If you own the copyright to property such as written works, web content or computer software, no-one else can copy or distribute your work without your permission. If they do, you can take steps to stop them and you may also be able to obtain compensation.
At Glanvilles, our team of copyright lawyers can advise you of your rights under UK copyright law and represent you if there has been an infringement. We have wide experience in dealing with all types of copyright, with particular expertise in representing businesses in copyright protection and enforcement cases.
We will take prompt action on your behalf to stop a breach of copyright, seeking a court injunction where necessary. If you have suffered a financial loss as a result or the other party has made a profit from using your copyrighted property, we can seek damages or an account of profits payment.
If you own a copyright that you would like to allow others to use or you want the right to use copyrighted property belonging to someone else, we can provide copyright licences or assignments. In addition, we advise on the terms of copyright licences and assignments, if you have been offered one to sign, and we can negotiate on your behalf where necessary.
We also provide advice on what happens if you break copyright law as well as guidance and representation if you are facing infringement action.
Contact our expert copyright law solicitors in Chichester, Fareham or Havant or fill in our simple online enquiry form for a prompt response.
Copyright is the law that protects certain types of intellectual property from being taken and used by someone other than the owner or creator. All businesses will own a range of copyrighted property, including:
Copyright law prevents others from taking a range of actions relating to your intellectual property, including:
Copyright exists automatically and does not need to be registered. You do not need to mark your work in any way for copyright to apply to it, although if you want, you can add the copyright symbol ©. You can also add your name and the year of creation. This does not give any additional protection, but is simply a reminder to others not to infringe your copyright.
Copyright infringement law means that you can take steps to stop another party from using your intellectual property and request compensation.
The first step is usually to contact the party in breach and ask them to remedy the situation. We can do this on your behalf, as a solicitor’s letter is often a stronger warning to take heed of the breach and not to ignore the situation.
We may be able to negotiate a settlement on your behalf, which is generally a quicker and more cost-effective solution than court. In agreeing on a sum in compensation, we will work with you to establish the extent of your losses as well as looking at other issues such as the extent to which the other side has profited from the infringement.
Where necessary, we can bring legal action to enforce your rights. We will ask the court to make an injunction stopping the breach and request a payment by way of compensation.
If you or your business has suffered a financial loss because of the breach of copyright, we can put together a claim for this sum to be paid to you.
It may also be the case that the other party has profited by using your intellectual property. If so, we can ask the court to order that the other party accounts to you for these profits, paying you all that they have received because of the infringement.
If you are facing allegations of a breach of copyright or there is a risk that your actions could mean that you have a claim made against you in the future, you could be required to pay substantial damages.
You are strongly advised to speak to a solicitor as soon as possible to take steps to remedy the situation. The other party may be prepared to negotiate a settlement and it is often better to try and deal with the issue promptly before costs escalate and positions become entrenched.
Copyright infringement is a criminal offence as well as a civil wrongdoing. Criminal penalties under the Copyright, Designs and Patents Act 1988 can be substantial, with a maximum penalty an unlimited fine and up to ten years in prison.
As well as a criminal trial, civil proceedings can also be brought. If successful, there will normally be an injunction preventing further breaches as well as the requirement to pay damages and an order to pay the winning party’s legal costs and related expenses.
There can be several heads of damages in a copyright infringement case, including:
If you can show that you or your business has sustained financial losses, you can make a claim for these. This can involve showing a loss of sales, which could be a direct loss as well as indirect losses, for example, if future customers do not come to you because of the actions of the infringing party.
Where profits have been made by the individual who has infringed your copyright, you can make a claim for these profits to be paid to you. This is not always easy to calculate and it may be preferable to make a claim for financial losses, but in some cases, requesting an account of profits can be worth it.
If it is not possible to prove a loss of sales, you can make a claim for the amount that you might have received, had you licensed your copyright. The courts can make award for reasonable royalties, even if other heads of damages cannot be proved.
If you have had to drop your prices because of a copyright infringement, this can also be included in your claim.
Some other issues may be allowed by the court, including additional damages for flagrant infringement of copyright and the loss of sale of related goods.
Our copyright solicitors have extensive experience in dealing with all types of copyright issues, including:
Our advice to you will be clear and pragmatic. We can take robust action to protect your rights and advise you on steps that you can take to reduce the risks of copyright infringement.
Our copyright infringement solicitors also provide advice on avoiding copyright infringement claims, helping businesses ensure that they have the legal right to use the content they need.
As well as extensive intellectual property expertise, we are also known for the level of service we provide. We will take the time to understand your business and work with you to establish the best way of resolving matters promptly.
We know how important it is to avoid legal action wherever possible and keep your organisation running smoothly. Our advice will aim to do this and we will ensure that we are available to discuss issues as needed and provide the guidance you and your business require.
For information on our related services, see our corporate solicitors page.
Reach out to our highly experienced copyright law solicitors in Chichester, Fareham or Havant or fill in our simple online enquiry form for a swift response. We are always on hand to lend our expertise and assist you promptly.
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