Criminal law changes to online copyright infringement
Sunday, 1 October 2017 13:56
The criminal law provisions relating to online copyright
infringement have changed. The maximum sentence that can be levied
is now ten years. This change brings the law in line with what is
already available for physical copyright infringement. The changes
affect sections 198 1(A) and 107 2(A) of the Copyright Designs and
Patents Act. These sections outline criminal offences arising
from...Request free trial
The criminal law provisions relating to online copyright
infringement have changed. The maximum sentence that can be
levied is now ten years. This change brings the law in line
with what is already available for physical copyright
infringement.
The changes affect sections 198 1(A) and 107 2(A) of the
Copyright Designs and Patents Act. These sections outline
criminal offences arising from infringement of a
performers making available right, and their
communication right.
An additional mens rea has also been introduced. It must
now be proved that a person “knows, or has reason to
believe that the act of infringement will cause loss to
the owner of the right or expose the owner of the right
to a risk of loss”.
The facts
These offences do not criminalise the downloading of
material, although civil action can be taken against any
infringer in these circumstances.
In some circumstances the downloading of material can
also involve the re-upload of the same material, which
may mean the requirements of the offences are met.
To avoid the risk of any civil or criminal action being
taken against you our advice is to access content
legally. If you are unsure how to do this Get it Right from a
Genuine Site can help you.
|
