How much do you know about copyright infringement defenses?

Several Copyright Infringement Defenses People May Use To Protect Unlawful Use Of Protected Works

There are several different ways of defending copyright infringement on your valuable products or assets. It’s important to look at each defense.

1 – Creation Of Temporary Copies

Copyright, Designs and Patents Act 1988, Section 28A provides a defense of creating temporary copies. The act decrees that copyright of a copyrighted work (besides a computer game, broadcast or database) is not impinge on when the temporary copy is made:

- Temporary use
- As a vitally important part of a technical process
- The copy’s purpose is to allow transmission of work in a network between an intermediary and third parties or to permit legal use of the work
- No real significance or economic benefit

copyright infringement defenses

This defense comes from the Information Society Directive but the precise scope is fuzzy and pretty much untested.  There’s little case law regarding this type of defense except for one known as the Infopaq International A/S v. Danske Dagblades Forening Case. This case explained that reproduction of a work is only temporary when its time period is limited to what is just necessary and its eliminated once the purpose is done.

2 Incidental Inclusion

This defense is related to the incidental inclusion of copyright material of an artistic manner such as:

- Broadcast
- Film
- Sound recording

For instance, a TV crew is in the process of making a documentary and somebody drives by with a song blaring loudly.  This is known as incidental inclusion. However, if during a filming of a movie, a song is playing, this would not be considered an incidental inclusion because the producer has total control over the track’s inclusion.

3 Works Of Unknown Authorship

Copyright of artistic work when the authorship is unknown is not infringed when the author’s identity is not discovered through reasonable investigations and it’s safe to assume the copyright has either expired of the author died more than 70 years before the beginning of the year the act occurred.

4 Use Of Spoken Words

When a recording is made of people speaking for the purpose to do a report on current events, copyright infringement does not apply.

5 Recording For Broadcast Purposes

This defense covers broadcast recordings for the resolve for person to view or listen to it at a more suitable time.

A Look At Designs

No copyright infringement occurs when a 3D article includes a design unless the design in question is an imaginative work (s51(1) and Lucasfilm Ltd v Ainsworth [2009] EWCA Civ 1328). Also, if the imaginative work has been technically produced, a third party may generate 3D articles that feature the work, only if 25 years has passed. Bear in mind that the two defenses will provide protection only in cases against copyright conflict issue and doesn’t protect design infringement that may be involved under the copyright and design patent act.

If you are planning to prepare copyright protection on your own, make sure that you have written legal forms signed by you. Any signed document is legally binding, so consult with your own accountant or lawyer when in doubt. For easy downloadable forms, go online and search for legal forms for free and you should be able to find many general legal forms and documents such as trademark forms, patent forms