Copyright, Designs and Patent Act 1988

liability for making or dealing with infringing articles


Offence

Section

Sentence

Indictment

(a)  makes for sale or hire, or

(b)  imports into the UK otherwise than for his private and domestic use.

107(1)
(a)+(b)

6 months and/or a £50,000 fine.

10 years and/or a fine.


(c)  possesses in the course of a business with a view to committing any act infringing the copyright

107(1) (c)

3 months and/or a £5,000 fine.

-


(d)  In the course of a business - 
(i)   sells or lets for hire, or
(ii)  offers or exposes for sale or hire, or
(iii) exhibits in public

107(1) (d) (i)-(iii)

3 months and/or a £5,000 fine.

-


(d)  in the course of a business -
(iv) distributes

107 (1) (d) (iv)

6 months and/or a £50,000 fine.

10 years and/or a fine


(e) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright

107 (1) (e)

6 months and/or a £50,000 fine.

10 years and/or a fine.


(2) a person commits an offence who - 

(a) makes an article specifically designed or adapted for making copies of a particular work, or

(b) has such an article in his posession

107(2)

3 months and/or a £5,000 fine.

-


(2A) A person who infringes copyright in a work by communicating the work to the public - 

(a) in the course of a business, or

(b) otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright.

commits an offence if he knows or has reason to believe that, by doing so, he is infringing copyright in that work.

107 (2A)

3 months and/or a £50,000 fine.

2 years and/or a fine.


(3) Where copyright is infringed (otherwise than by reception of communication to the public) -

(a) by the public performance of a literary, dramatic or musical work, or

(b) by the playing or showing in public of a sound recording or film,

any person who caused the work to be so performed, played or shown is guilty of an offence if he knew or had reason to believe that copyright would be infringed.

107 (3)

3 months and/or a £5,000 fine

-


The Act may stipulate level 5 fines on the standard scale or a Statutory Maximum fine in relation to summary conviction.  These fines are currently the same level i.e. £5,000