Enforcement of Copyright

Copyright is essentially a private right so decisions about how to enforce the rights, that is what to do when the copyright work is used without permission, are generally for the copyright owner to take. Where the work has been used without permission and none of the exceptions to copyright apply, copyright is said to be infringed. Although the copyright owner is not obliged to do so, it will usually be sensible, and save time and money, to try to resolve the matter with the party who has infringed the copyright. Indeed, in some cases it may be necessary to demonstrate to a court that the plaintiff tried to solve the matter by mediation or arbitration if the plaintiff wishes the court to consider awarding you the best available remedy including an award covering your costs.

If the copyright owner cannot resolve the issue 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 certainly you should consider this very seriously before going to court. One of the many organisations representing copyright owners may also be able to give you advice, or sometimes act on your behalf if you are a member.

Where a copyright owner brings a case of copyright infringement before the courts, a full range of civil remedies are available, such as:

· injunctions served against the infringer or alleged infringer (to stop that person making further infringing use of the material);
· damages (usual damages and additional damages) for infringement awarded to the copyright owner;
· orders to deliver up infringing goods to the copyright owner.

Deliberate, intentional or wilful infringement of copyright on a commercial scale may give rise to additional remedies.