How to enforce your copyright
How to protect your copyright and enforce your rights through court proceedings and mediation
If all or a substantial part of your copyright work is used without your permission, your rights may have been infringed - unless the copying falls within the scope of one of the copyright exceptions.
Even a small portion of the whole work could qualify as a substantial part if it is 'qualitatively significant'. If you suspect copyright infringement, you may be able to do several things.
Mediation
Mediation is a form of alternative dispute resolution and a way to resolve copyright disputes without going to court. The mediator's job is to help both parties work out possible solutions and come to an agreement.
The Intellectual Property Office (IPO) has a and can supply a list of other mediation providers. For more information, call the IPO Mediation Service on Tel 0300 300 2000 or email them at mediation@ipo.gov.uk.
Organisations representing copyright owners may also advise you on how to enforce your rights. These are known as collecting societies and licensing bodies.
Copyright infringement cases
If you can't settle your copyright dispute through mediation, you can take civil action. The courts can:
- grant an injunction to stop the other person further infringing your copyright material
- award you damages
- make the infringing party give up the goods to you
Counterfeiting and piracy
Deliberate infringement of copyright on a commercial scale - known as copyright piracy - may be a criminal offence. It is similar to trade mark counterfeiting, and the two often overlap.
If you think that your copyright is being infringed on a large scale, you should inform the police or local trading standards. They can decide whether to take action, but will probably need your full co-operation, such as:
- providing good intelligence about the crime
- helping to identify infringing goods
- helping prepare evidence
- being prepared to appear in court
Even if the police or trading standards officers do not take any action, you could still consider a private criminal prosecution. However, should you proceed in this way, you may still pursue a civil action against the alleged infringer.
If you suspect that your copyright may be at risk abroad, take steps to protect your copyright overseas.