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Copyright Designs and Patents Act 1988

Offences

S.107(1) A person commits an offence, when without the licence of the copyright owner-

    • a) makes for sale or hire

 

    • b) imports into UK (not for private or domestic use)

 

    • c) possesses in course of a business with a view to committing any act infringing copyright

 

    • d) in the course of a business-

 

      • i) sells or lets for hire, or

 

      • ii) offers or exposes for sale or hire, or

 

      • iii) exhibits in public, or

 

      • iv) distributes, or

 

    • e) distributes (other than in course of a business), to such an extent as to prejudicially affect the copyright owner

 

An article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work.

Penalties.

S.107(4) subsections (1) (a), (b), (d)(iv)and (e) – Summary 6 months imprisonment or fine, or both.
On Indictment, 10 years imprisonment , fine or both.
N.B. The 10 year penalty makes this offence arrestable

Forfeiture

S.108 Court may order articles to be forfeited to copyright owner or other designated person.
S.114 Apply to court for infringing articles delivered up can be forfeited or destroyed.

Devices to circumvent copy protection – “chipping” (includes internal & external chipping devices, eg. chips & cartridges)

S.296 (1) Applies where a copyright work is issued to the public by or with a licence of the copyright owner, in an electronic form which is copy-protected. (2) The person issuing copies to the public has rights against the person, who knowing or having reason to believe that it will be used to make infringing copies –
a) makes, imports, sells or lets for hire, offers or exposes for sale or hire, or advertises for sale or hire, any device or means designed or adapted to circumvent the copy protection, or
b) publishes information to enable or assist persons to circumvent the copy protection