What is copyright law?
Copyright law protects the creators of original work, whether a photograph, a piece of music, a design, or an article. It gives the owner the exclusive right to decide how their creation is used, meaning it can’t be copied, republished, or distributed without their permission.
This right is automatic, so creators don’t need to register it. Even when a work is licensed through a stock image site or sold, the original creator usually retains ownership.
For more information, read Copyright.
What is a breach of copyright law?
A breach of copyright law, known as a ‘copyright infringement’, happens when you use, copy, or distribute someone else's copyright-protected work without their permission or a valid legal exception.
You don't have to copy the entire work to infringe copyright. Using a substantial part of it is enough. It's also a common misconception that changing a work slightly (eg by editing a photo or piece of music) is enough to avoid infringement. This is usually not the case and often results in what's called a derivative work, which can still be a breach of the original creator's copyright.
What are the consequences of copyright infringement?
Breaching copyright is a serious business. If you infringe on someone's copyright, the owner can take legal action against you. The consequences depend on the situation and can range from a simple request to remove the material to serious court-ordered penalties. These fall into two main categories: civil penalties and criminal offences.
Civil penalties
Most copyright disputes are civil matters. The copyright owner can send you a formal Cease and desist letter demanding that you stop using their work, and may take you to court to seek a legal remedy. If the court finds you have infringed their copyright, it can order you to do one or more of the following:
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pay damages – this is compensation to the copyright owner for the financial loss they've suffered because of the infringement
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provide an account of profits – you'd have to pay the copyright owner any profits you made from using their work
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obey an injunction – this is a court order that legally requires you to stop using the protected work immediately
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deliver any infringing articles – you may have to hand over any items that contain the copyrighted material
You may also be ordered to pay the copyright owner’s legal costs, which can often be very expensive.
Criminal offences
In some serious cases, copyright infringement can be a criminal offence. This is usually when the infringement is done on a commercial scale for profit, or when someone knowingly deals with infringing copies. The penalties for criminal copyright infringement are severe:
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in a Magistrates' Court, you could face a fine of up to £50,000 and/or a prison sentence of up to 6 months
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in a Crown Court, the fines are unlimited, and the maximum prison sentence is 10 years
What should you do if you’re accused of copyright infringement?
If someone accuses you of breaching their copyright, don't ignore it. The first step is usually to stop using the material in question immediately while you assess the situation.
You should then consider if you have a valid defence. For example, you might have a licence to use the work, or your use of it might fall under a 'fair dealing' exception. Fair dealing allows you to use limited amounts of copyrighted material without permission for specific purposes, such as:
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non-commercial research and private study
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criticism, review, or quotation
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news reporting
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parody or caricature
These exceptions are limited and their application can be complex, so it's important to understand the rules. For more information, read Exceptions to copyright.
If you don't have a valid defence, you may be able to negotiate a settlement with the copyright owner. This could involve apologising, removing the content, and potentially paying a fee to acquire a proper licence or as compensation.
Read Reaching an agreement on intellectual property infringement for more information on negotiating with a copyright holder
Read How to avoid copyright infringement if you’re worried about breaching copyright law, and do not hesitate to Ask a lawyer for advice if you have any questions or concerns.
