The following IP guidance note provides comprehensive and up to date legal information covering:
The Copyright, Designs and Patents Act 1988 (CDPA 1988) gives the copyright owner exclusive rights in the UK to carry out various acts in relation to the copyright work. Activities set out in CDPA 1988 carried out by those other than the copyright owner, without permission, may infringe the owner's exclusive rights.
When a person buys a copyright work, such as sculpture, he buys the material of the sculpture and not necessarily the copyright in it unless provision for transfer of the copyright has been made. Copyright protects the creative investment made by the author of the work and infringement is, put simply, the making of unauthorised copies of the expression of a copyright work. This can be is done in several ways. By buying the sculpture, you are permitted to keep it and admire it. However you cannot, without permission of the copyright owner, make copies of it, adapt it or authorise another person to do this because these acts are restricted.
Both proof of copying from a copyright work and similarity (measured objectively) are required for primary infringement of copyright. For infringement to occur the defendant must have taken the whole of the copyright work, or part of it where that part is regarded as ‘substantial’. The copyright owner has exclusive rights in relation to the
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234