Copyright Infringement Solicitors

What is Copyright?

Copyright protects original literary, dramatic, musical and artistic works, including films, music and computer programs.

It protects against the copying of another’s work and the physical expression or representation of an idea but it does not protect against independent development of the same idea.

Copyright ownership allows the owner to prevent the unauthorised use of the work, such as making copies or uploading the work to the internet.

Copyright automatically arises on the creation of the work and lasts for 70 years after the death of the author in relation to dramatic, artistic, literary and musical works.

The creator of the work is usually the first owner of the copyright in it.

What is Copyright Infringement?

Copyright infringement occurs when someone carries out certain acts regarding the work without the permission of the author.

These acts include:

• Copying the work;
• Issuing copies to the public;
• Renting or lending the work to the public;
• Performing, showing or playing the work in public;
• Communicating the work to the public;
• Making an adaptation of the work; and
• Importing infringing copies.

What Remedies are Available for Copyright Infringement?

There are various remedies available to copyright holder where copyright infringement is proven, including:

• Damages for any loss they have suffered;
• An injunction to prevent further infringements;
• Delivery up, destruction and/or seizing of the infringing articles; and
• Costs

Breach of Copyright Claim

We act for a property developer who specialises in converting office blocks into luxury student accommodation. 

Prior to our client purchasing a property in the North of England, a third party also had aspirations to purchase the site and convert it into student accommodation. 

The third party had applied for planning permission and obtained architect’s plans.

The third party was unable to complete on the purchase of the property which was subsequently bought by our client. 

The third party alleged that our client had breached copyright by using its architect’s plans and pursued an injunction as well as damages. 

Following the third party being disappointed with the result of a High Court trial, the third party appealed unsuccessfully to the Court of Appeal. 

Advising on Intellectual Property Rights relating to Computer Software

We advised a client on his exit from the in-house software development division of Balfour Beatty. 

Our client had, as part of his employment, worked on a software mapping tool which was used by Balfour Beatty internally for projects but which was not marketed externally to third parties. 

Our client wanted to try and agree terms with Balfour Beatty to take a licence or enter into a joint venture in order to market the software externally. 

We helped negotiate the client’s termination of employment, advised our client on his rights in relation to the intellectual property, identified the nature of his intellectual property and proposed potential structures for our client to have an ongoing relationship with Balfour Beatty. 

Later, we advised our client in relation to court proceedings brought by Balfour Beatty for an injunction, damages and the destruction of the software. 

Balfour Beatty alleged that our client was in breach of contract, in breach of confidence and had infringed copyright.  Balfour Beatty withdrew its claim against our client at an early stage and we recovered our client’s costs.