With musician Ed Sheeran winning his own copyright infringement case recently, the violation has been brought into the limelight once again.
Ed’s case isn’t the first to grab the headlines, with Sam Smith, Robin Thicke, Pharrell Williams, Vanilla Ice and Drake all musicians who have come under fire in recent years for copyright infringement. But what is copyright infringement, how is it created and what are the penalties for breaking the law?
Let’s begin with a look at what ‘copyright’ actually is. In its most basic form, copyright safeguards any works (including original literary and non-literary, sound and music, film and television, broadcasts, and any published editions of the above) from being copied, used or distributed without the permission of the owner or creator.
In the UK, copyright protection is awarded automatically, which means you don’t have to apply and/or pay a fee to establish a copyright. Copyright protection begins when the work is created, although its expiry varies depending on the type of work that is copyrighted.
The layout of published editions of written, dramatic or musical works for example is protected for a period of 25 years from the date of publication. Broadcasts have a copyright length of 50 years while written, dramatic, musical and artistic work, and films are protected for 70 years after the creator’s death. Sound and music recordings have a 70-year copyright from the date of its first publication.
It is important to note that the length of copyright protection varies from country to country, with the timescales above applicable under UK law.
According to the Copyright Designs and Patents Act 1988, copyright infringement is the copying; issuing; lending or renting; showing, playing or performance; or adaptation of copyrighted works. Infringement is categorised in one of two ways – as a primary infringement or a secondary infringement.
In short, yes. Deliberate infringement of copyright is a criminal offence, which could see you incur a fine of up to £50,000 and/or face up to six months in jail. These penalties are applicable if a guilty verdict is reached in a magistrate’s court. If the case goes to Crown Court, there is no limit to the financial penalty incurred by the guilty party, whilst the maximum amount of jail time given could be as much as 10 years.
The penalties for copyright infringement vary from case to case, and on the scale of the infringement. Both individuals or businesses can face legal action due to copyright infringement.