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Copyright, Designs and Patents Act 1988

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Alex Black

on 20 March 2014

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Transcript of Copyright, Designs and Patents Act 1988

Consequences of breaking copyright law
While there are many consequences of breaking copyright laws, the most common include monetary fines, loss of property, loss of freedom, or loss of employment. Typically, copyright law violations involve someone attempting to profit from, distribute, or claim material to which they have no rights. In some countries, copyright infringement — the use of copyrighted material without permission or the right of ownership — could carry the penalty of criminal and civil punishment if the copyright owner should choose to file a claim and take the guilty party to court.
Consequences for Breaking Copyright Laws
Criminal Penalties and Fines

If you remove or alter a copyright notice with illegal intent, you could be ordered by courts to pay up to £2,500 in fines. For example, if you alter a copyright notice to make it appear as if you are the copyright owner, you could be forced to pay fines as well. Furthermore, distributing or selling counterfeit copyrighted material like computer programs, visual art or literary works is punishable by up to six years in prison.

Limitations imposed by copyright
When you buy software, for example, copyright law forbids you from:
giving a copy to a friend
making a copy and then selling it
using the software on a network (unless the licence allows it)
renting the software without the permission of the copyright holder

Copyright, Designs and Patents Act 1988
The Copyright, Designs and Patents Act 1988 (c. 48), also known as the CDPA, is an Act of the Parliament of the United Kingdom which received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law (including performing rights) in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.

The Copyright, Designs and Patents Act 1988
Software Piracy
The unauthorized copying of software. Most retail programs are licensed for use at just one computer site or for use by only one user at any time. By buying the software, you become a licensed user rather than an owner. You are allowed to make copies of the program for backup purposes, but it is against the law to give copies to friends and colleagues.
Consequences for Breaking Copyright Laws
Property Seized

Should you make copies of or use legally protected works without getting the owner’s permission, you may be ordered by a court to turn over all copies of the works to the court. The illegally copied material may be destroyed or impounded. You will not receive payment for illegally copied materials the court seizes from you. In addition, the court may order you to pay the copyright owner’s legal fees.

Consequences for Breaking Copyright Laws
Civil Fines

Copyright owners can also sue you to recover losses incurred from the illegal usage, copying, distribution or sale of their works. For example, if the sale of a painter’s artwork drops because you are selling her work illegally at reduced rates, you could be ordered to pay the painter damages to compensate for her loss of income. Copyright owners can also sue you to receive profits (which are estimated by courts) you gained from the illegal sale of their copyrighted material. Therefore, in addition to paying for sales losses suffered by the copyright owner, you could also be ordered to pay copyright owners an amount equal to the profits you made off the illegal sale of their work.

Site Licence
A type of software licensing agreement that grants the purchaser permission to use the software on a network on a single site, with an unlimited number of end users. Usually this type of license allows you to copy and use the software on multiple computers at one site and is more expensive than purchasing a single copy but less expensive than purchasing a copy for each computer at the site. There may be a maximum specified number of simultaneous end users.
Activities which are illegal under the act
Illegal activities covered by the act include:
•Making unauthorised copies of software
•Running multiple copies of software when only one licence has been purchased
•Supply, lend or sell pirate software to third parties
•Using pirate software
•Transmitting copyright software over communications links

The Copyright, Designs and Patents Act is designed to protect the intellectual property rights of software developers.

The buying of computer software does not cover the actual software itself but the licence to use it.

There are different penalties for breaking the Copyright law ranging from the destruction of illegal files and confiscation of equipment, fines and even imprisonment.
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