Enforcing copyright

Copyright is essentially a private right so decisions about how to enforce your right, that is what to do when your copyright work is used without your permission, are generally for you to take.

Where the whole or a substantial part of your work has been used without your permission and none of the exceptions to copyright apply, your copyright is said to have been infringed.

Although you do not have to, it will usually be sensible, and save you time and money, to try to resolve the matter with the party you think has infringed your copyright.  In some cases it may be necessary to show the court that you have tried to solve the matter with the other party for instance through mediation, before starting court proceedings.

If you cannot resolve the matter with the other party, then going to court may be the right solution. But it would be a good idea to seek legal advice at an early stage, and to consider alternative solutions such as mediation before going to court.

One of the many organisations representing copyright owners may also be able to give you advice, or, if you are a member, sometimes act on your behalf.

If you do go to court, the courts can:

• stop that person making further infringing use of the material by granting an injunction
• award the copyright owner damages
• make the infringing party give up the goods to the copyright owner.

Deliberate infringement of copyright on a commercial scale may be a criminal offence when additional remedies are also available.