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Infringement of the copyright which subsists in a photograph can be performed through copying the photograph. This is because the owner of the copyright in the photograph has the exclusive right to copy the photograph. [34] For there to be infringement of the copyright in a photograph, there must be copying of a substantial part of the ...
UK copyright law has a set of exceptions to copyright, only some of which are referred to as fair dealing. Database right has a similar set of exceptions. Fair dealing is much more restricted than the American concept of fair use. It only applies in tightly defined situations, and outside those situations, it is no defence at all against a ...
The penalties for these copyright infringement offences may include: Before a magistrates' Court, the penalties for distributing unauthorised files are a maximum fine of £5,000 and/or six months imprisonment; On indictment (in the Crown Court) some offences may attract an unlimited fine and up to 10 years imprisonment. [30]
However, in several jurisdictions there are also criminal penalties for copyright infringement. [30] According to the U.S. Chamber of Commerce's 2021 IP Index, the nations with the lowest scores for copyright protection were Vietnam, Pakistan, Egypt, Nigeria, Brunei, Algeria, Venezuela and Argentina. [31] [32]
The infringement of copyright or performer's rights by making a work available to the public in the course of a business or to an extent which prejudicially affects the copyright owner becomes a criminal offense (reg. 26; new s. 107(2A) of the 1988 Act).
The charges allow copyright holders, who succeed with claims of infringement, to receive an amount of compensation per work (as opposed to compensation for losses, an account of profits or damages per infringing copy). Statutory damages can in some cases be significantly more than the actual damages suffered by the rightsholder or the profits ...
[18] [dead link ] The bill also introduced fines of up to £50,000 for criminal offences relating to copyright infringement – for example if music is downloaded with intent to sell. The high penalty is considered to be proportionate to the harm caused to UK industries. [19]
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