While a lot of people might consider cases of copyright infringement to be relatively minor infringements of the law, copyright infringements can often constitute major criminal offences, as it essentially amounts to theft.
Along with the police and trading standards departments, there are a number of organisations that have been created to protect the assets of various copyright-based industries, often creative industries. As a result of the complex nature of copyright infringement cases, it’s imperative that you have appropriate legal advice to guide you through the investigation and trial.
What is copyright infringement?
Copyright infringement is where an individual or party acts in a way that goes against the rights of the copyright owner. Copyright law is generally covered under the Copyright Designs and Patents Act (CDPA) 1988.
Criminal cases of copyright infringement tend to consist of adapting, copying, or selling another party’s IP (intellectual property) for profit. As a result of the broad range of crimes covered by the term, it’s essential that your solicitor has a nuanced understanding of the legal area. Works that are often the focus of a copyright infringement trial include music, films, websites, art, literature, and software. This is not an exhaustive list, however.
Sentencing for copyright infringement
The maximum sentence for copyright infringement is ten years in prison, which can be accompanied by an unlimited fine. The relevant authorities can also search and seize any materials that they believe might be linked to the case.
Sentencing guidelines for copyright infringement have, however, been famously unclear. Sentencing will almost never be for the full ten years, and will more often be between several months and five years. The factors that are considered for sentencing are complex, and your solicitor will be able to further advise you based on the information directly related to your case.
Ashcott Solicitors – What we can do to help
An experienced criminal defence solicitor will be able to argue your defence in a number of different ways. They might argue that the copied material is for private use, for educational purposes, or for a variety of non-financial purposes, such as criticism. Our expert solicitors can help you:
- Prepare for any interviews under caution, giving advice before and being present during the interview itself
- Ensure that the law is applied in a just and correct manner throughout the investigation and trial
- Prepare for trial and represent you in court
- Take you through the appeals process should it be necessary
Being found guilty of copyright infringement can have significant ramifications on both your personal life and your professional future. Seeking expert legal assistance at the soonest opportunity possible is essential. Our solicitors will be able to limit any damage done already, and steer you through the legal storm.
For immediate legal assistance, speak to our team on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour), or you can also contact us via our contact form.
