Copyright, Designs and Patents Act 1988
What this means for your business
- Enforced by
- IPO
- Applies to
- United Kingdom
- On this page
- 46 compliance obligations, 10 practical guides across 4 topics
What you must do
46 compliance obligations under this legislation — 23 can result in imprisonment.
Management duties 17
Avoid using recordings without proper consent
10 years imprisonmentYou must not play, show or broadcast any recording of a performance unless you have the performer’s permission and the permission of the person who owned the recording rights at the time it was made. Before using any audio‑ or video‑recording, check you have a licence or written consent; if you’re unsure, obtain the necessary permissions or do not use the recording.
Do not claim connection with design right owner in marketing
If your business holds a licence to use someone else’s design, you must not describe your products or adverts as being from, or licensed by, that design‑right owner unless you have their written consent. Using such a trade description without permission can expose you to a legal claim by the design‑right owner.
Do not import, possess, sell or distribute illicit recordings
10 years imprisonmentYour business must not bring into the UK, keep, sell, hire out, offer for sale/hire or distribute any audio or video recording of a performance unless you have the proper recording rights or consent. The only allowed exception is using the recording for private and domestic purposes. If you deal with an illicit recording you may face damages, unlimited fines and possible imprisonment.
Do not import, sell or distribute illicit recordings without consent
You must not bring into the UK, keep, sell, hire out, offer for sale or give away any recording of a performance that you don’t have the performer’s permission for, unless it’s for your own private use. If you deal with recordings as part of your business, you need to be sure they are properly licensed and you must not know or have reason to suspect they are illegal copies.
Do not import unauthorised copyrighted material
10 years imprisonmentYou must not bring any copyrighted work into the UK for commercial use unless you have the copyright owner’s licence. This applies to all imports that you know, or should know, are infringing copies. Importing such material (even for resale) is a criminal offence.
Do not mis‑attribute works when selling or displaying them
10 years imprisonmentYou must ensure that any literary, dramatic, musical, artistic work or film you sell, display, lend, broadcast or otherwise deal with is correctly credited to its true author or director. Making a false claim about who created or directed a work – even unintentionally – can be a criminal offence for your business.
Do not sell, hire or distribute infringing sound recordings
10 years imprisonmentIf your business deals with sound recordings you must make sure they are not infringing – i.e. they must not be distorted, mutilated or otherwise harm the performer’s reputation. You must not possess, sell, let out, offer for sale or hire, or distribute any recording you know (or should reasonably know) is infringing. Put checks in place and remove any infringing copies.
Do not sell, hire or distribute infringing works
10 years imprisonmentIf you run a business, you must not possess, sell, let out, exhibit or distribute any work that you know – or should reasonably know – is infringing copyright. This means checking that any books, music, software, images or other material you deal with are properly licensed or owned by you. Failure to do so can lead to criminal prosecution.
Do not supply or permit equipment that enables copyright infringement
10 years imprisonmentIf your business sells, rents, or lets people use devices that play music, films or receive electronic audio‑visual content, you must be sure you are not helping anyone break copyright. You also must not allow such equipment onto premises you control if you know it will be used to infringe. In practice this means checking that the equipment is intended for lawful use and keeping records that show you took reasonable steps to avoid illegal use.
Ensure permission for performances does not infringe copyright
10 years imprisonmentIf you allow a performance to take place in a venue you control – for example a hall, club or any place used for public entertainment – you must be sure the music, drama or literature being performed is properly licensed. You are liable if the performance infringes copyright unless you had reasonable grounds to believe it was lawful.
Obtain consent before copying any performance recordings
10 years imprisonmentIf your business copies a recording of a live performance – even a short, temporary or incidental copy – you must have the performer’s permission first. This means you need a licence or written consent before you make any copy of the whole or a substantial part of the recording.
Obtain consent before recording any performance under an exclusive contract
10 years imprisonmentIf your business records a live performance – music, theatre, dance or any other act – you must get permission from the person who holds the recording rights (or from the performer) before you record the whole or a substantial part. Recording without that consent breaches copyright and can lead to civil damages or criminal prosecution.
Obtain performer consent before streaming recordings
If your business makes a recording of a performance available online for anyone to watch whenever they like, you must have the performer’s permission first. Distributing a performance without consent breaches the performer’s rights and can lead to legal action.
Obtain performer consent before using recorded performances
10 years imprisonmentIf you play, show or broadcast any part of a recorded performance, you must have the performer’s permission. Using a recording that was made without the performer’s consent – or that you know or ought to know was made without consent – infringes their rights and can lead to criminal prosecution.
Obtain written assertion of a performer’s right to be identified
If your business uses someone’s performance (e.g., music, dance, spoken word), you must have a written statement from the performer confirming they want to be identified as the performer. This can be a signed letter or a statement attached to any assignment of their rights. Keep that document on file before you publish, broadcast or otherwise exploit the performance.
Provide means to carry out permitted acts when DRM blocks them
If your business owns copyright in a work and uses a technological protection measure (DRM) that stops someone from doing a permitted act – for example making an accessible copy for a blind reader – a complaint can be made to the Secretary of State. You must then obey any directions the Secretary of State gives, either by showing an existing voluntary agreement or by supplying the necessary means yourself.
Respect authors’ moral rights when using copyrighted works
When your business uses someone else's copyrighted material – for example on your website, in marketing or in publications – you must give proper credit to the author or director, avoid presenting the work in a way that could be seen as derogatory, and respect privacy rights for certain photographs and films. Failing to do so can lead to civil claims for damages.
Notifications 1
Notify licensing body and Copyright Tribunal before using recordings
If your business wants to use the special right set out in section 135C (for example, to broadcast or otherwise exploit a recording), you must first tell the relevant licensing body that you intend to do so and ask them to suggest payment terms. After you receive their proposal (or a reasonable waiting period passes) you must give them notice of the date you plan to start and the payment terms you will adopt, and you must also notify the Copyright Tribunal of the same information and apply to the Tribunal to settle the payment terms before you actually start.
Other requirements 17
Apply to Copyright Tribunal to extend an expiring licence
If your business holds a copyright licence that is about to end, you can ask the Copyright Tribunal to keep it in force when ending it would be unreasonable. You must submit this application in the last three months before the licence expires, and the licence remains effective while the tribunal decides the case.
Apply to court to forfeit infringing copies you hold during an investigation
If your business is found in possession of copies that infringe copyright while an offence is being investigated or prosecuted, you can request the court to take those copies away. This stops the infringing material from being kept or shared further. The action is only required if you are involved in the investigation, not as a blanket duty on every business.
Assert author’s right to be identified when assigning or licensing works
If you own copyright or are assigning, licensing or handing over a work for public display, you must include a written statement that the author (or director) wants to be identified. This statement must be in the assignment or licence document, or attached to the original or copy, and it binds anyone who receives the work. Without such an assertion you cannot enforce the author’s right to be identified.
Avoid dealing in infringing copies of copyrighted works
10 years imprisonmentIf your business possesses, sells, hires out, exhibits or distributes a copy of a work you know, or should reasonably know, is infringing copyright, you are committing a criminal offence. You must ensure that any copies you handle are covered by a licence or are otherwise lawful. Failure can lead to prosecution, unlimited fines and possible imprisonment.
Avoid infringing performers' non‑property and recording rights
You must not use a performance or a recording without the performer’s or recorder’s permission. If you do, the rights holder can bring a civil claim against you as a breach of statutory duty.
Comply with a court order to surrender or destroy illicit recordings
10 years imprisonmentIf your business is found to be holding a recording that has been seized as illegal, a court can order that it be handed over, sold or destroyed. You must obey that order or face criminal liability. Even if you were not originally served notice, you still have the right to appear and appeal, but the order is final only after any appeal has been dealt with.
Comply with court orders to dispose of infringing articles
If a design‑right owner wins a court order over goods you hold or that you have delivered under a previous order, you must follow the court’s decision. The court can order the goods to be forfeited, destroyed, sold, or returned to you. You’ll be served notice, may appear or appeal, but once the order is final you have to cooperate with the disposal as directed.
Comply with court orders to dispose of seized infringing copies
If a court orders you to dispose of infringing copies that have been seized or delivered up under the copyright law, you must follow that order. This could mean giving the copies to the copyright owner, destroying them or taking whatever action the court directs.
Do not provide equipment for infringing copying without permission
10 years imprisonmentIf your business supplies, sells or lets out devices that are made or adapted to copy copyrighted works, you must have a licence from the copyright owner and you must not know, or have reason to believe, the device will be used to break copyright. Supplying such equipment without permission can lead to criminal prosecution.
Do not publish or share private commissioned photos or films
10 years imprisonmentIf your business handles a photograph or film that was commissioned for private or domestic use, you must not copy, exhibit or make it available to the public unless one of the listed legal exceptions applies. Breaching this right can lead to criminal prosecution and an unlimited fine.
Grant licences promptly under any licence scheme
If you run a licence scheme for copyright or related rights, you must grant licences to applicants in line with the scheme’s rules as soon as you are asked to do so. If you refuse or delay, claimants can take the matter to the Copyright Tribunal, which may order you to grant the licence. This means you need procedures and records to show that licences are granted fairly and promptly.
Include promoter‑imposed conditions when applying for licences for events
If your business wants a licence for a sound recording, film or broadcast that contains any entertainment or other event, you must include any conditions that the event promoters set in your application. The tribunal will not refuse or find a licence unreasonable if it can’t be granted in accordance with those conditions. In short, your licence application must reflect the promoter’s terms.
Obtain consent before recording or broadcasting live performances
If your business records, broadcasts, or copies any part of a live performance (for example a concert, theatre show or any other qualifying performance), you must have the performer’s permission first. Recording or broadcasting without that consent infringes the performer’s rights and can lead to legal action.
Preserve electronic rights‑management information on copyrighted works
10 years imprisonmentIf your business handles copyrighted material you must not delete, change or tamper with any electronic rights‑management information (such as DRM, author details or usage codes) attached to the work. You must also not supply or distribute copies where that information has been removed, unless you have the copyright owner's authority. Breaching this can lead to criminal prosecution.
Respond to court notice and appear to contest forfeiture of illicit recordings
10 years imprisonmentIf you are identified as the owner or have an interest in any illicit recordings in Scotland, the court can order those recordings to be forfeited. You must be served a notice of the application and you have the right – and duty – to attend the hearing to argue why the recordings should not be taken. Failure to appear or comply can lead to a criminal prosecution.
Respond to court notice and appear to defend infringing copies
If a Scottish procurator‑fiscal asks the court to seize copies of a work that may infringe copyright, you (as the owner or person with an interest in those copies) must be served with the application and given a chance to attend the hearing. You need to show why the copies should not be forfeited and you can appeal the order within 21 days.
Respond to court notice and surrender unauthorised decoders
If your business owns or has any interest in illegal (unauthorised) decoder equipment, a Scottish court can order that the devices be taken away and destroyed. You must attend any hearing after being served notice and may have to hand over or destroy the equipment unless you can convince the court otherwise.
Payments and fees 4
Obtain licences and pay fees for recording broadcasts used in teaching
If your school, college or university records a TV or radio broadcast – or makes copies of such recordings – for classroom use, you must have a proper licence. The licence fee should reflect any other payments the copyright owners have already received for the broadcast.
Pay annual performer royalties and remit to collecting society
If you are the producer of a sound recording (or hold an exclusive licence) and have assigned copyright to a performer who received a one‑off payment, you must calculate 20% of the gross revenue from sales and electronic streams each year after the first 50 years and pay that amount to the appropriate collecting society within six months. You also have to give the performer any information they request to check the calculation, and you cannot contract out of this right.
Pay equitable remuneration to performers for public use of recordings
If your business plays or makes available a commercially published sound recording – for example in a shop, on a website, via streaming or broadcast – you must pay the performer a fair share of the earnings. You can only delegate this payment to a collecting society, and you must either agree an amount with the performer or, if you cannot agree, be prepared for the Copyright Tribunal to set the amount.
Pay royalties and provide information for sound recordings in broadcasts
If you broadcast any sound recordings after a notice under the CDPA has been issued, you must obey any reasonable conditions set by the licensing body, give them the information they ask for about the recordings, and make the required royalty payments (at least quarterly). Doing this means you are treated as if you already hold a licence for those recordings.
Offences and prohibitions 6
Deal in infringing copyrighted works
10 years imprisonmentIf you make, import, sell, hire, distribute, exhibit or otherwise deal with an item that you know (or ought to know) is a copy of a copyrighted work without the owner's licence, you commit a criminal offence. The offence also covers making or possessing equipment designed to copy works, and communicating copyrighted works to the public where you intend to make a profit or cause loss to the copyright owner. On conviction you face up to ten years in prison and an unlimited fine.
Falsely claim authority to give copyright consent
6 months imprisonmentIf you or someone in your business says they are authorised to grant permission for using copyrighted material when they are not, you commit an offence unless you had reasonable grounds to believe you were authorised. A conviction in the Magistrates' Court can lead to up to six months’ imprisonment, an unlimited fine, or both.
Make, import or distribute illicit recordings
10 years imprisonmentIf your business makes illicit recordings for sale or hire, imports them into the UK for anything other than private use, or sells/lets/distributes them knowing they are illegal, you commit a criminal offence. On conviction you face up to 10 years in prison and an unlimited fine, and the case can be tried either in a magistrates’ court or the Crown Court.
Personal liability for corporate copyright offence
10 years imprisonmentIf your company commits a copyright infringement (under section 107) and you, as a director, manager, secretary or similar officer, gave consent or turned a blind eye, you can be prosecuted personally. You will face the same punishment that the company would face for the infringement.
Supply or market devices that bypass copyright protection
2 years imprisonmentIf your business manufactures, imports, sells, hires, advertises, possesses or distributes any product whose main purpose is to break or get round a copyright‑protecting technological measure, you are committing a criminal offence. The same applies if you provide or promote a service whose purpose is to enable such circumvention. Conviction can lead to an unlimited fine and up to two years in prison.
Use “patent agent/attorney” title without registration
10 years imprisonmentIf you (or your business) describe yourself as a “patent agent” or “patent attorney”, or use any wording that could be understood as such, without being a registered patent attorney, you are committing an offence. On conviction in the Magistrates’ Court you face an unlimited fine, and a prosecution must be started within a year of the breach.
Reporting and filing 1
Provide records of accessible or intermediate copies on request
If your business is an authorised body that creates accessible or intermediate copies of works, you must, when asked by a disabled person, another authorised body or a rights holder, give them details of the works you hold and the formats, plus contact details of any other authorised bodies you’ve exchanged copies with. You must do this in an accessible format and within a reasonable time.
Penalties for non-compliance
23 penalties under this legislation. 23 can result in imprisonment. 23 carry an unlimited fine.
Avoid using recordings without proper consent
Unlimited fine and/or 10 years imprisonment
Do not import, possess, sell or distribute illicit recordings
Unlimited fine and/or 10 years imprisonment
Do not import unauthorised copyrighted material
Unlimited fine and/or 10 years imprisonment
Do not mis‑attribute works when selling or displaying them
Unlimited fine and/or 10 years imprisonment
Do not sell, hire or distribute infringing sound recordings
Unlimited fine and/or 10 years imprisonment
Do not sell, hire or distribute infringing works
Unlimited fine and/or 10 years imprisonment
Do not supply or permit equipment that enables copyright infringement
Unlimited fine and/or 10 years imprisonment
Ensure permission for performances does not infringe copyright
Unlimited fine and/or 10 years imprisonment
Obtain consent before copying any performance recordings
Unlimited fine and/or 10 years imprisonment
Obtain consent before recording any performance under an exclusive contract
Unlimited fine and/or 10 years imprisonment
Obtain performer consent before using recorded performances
Unlimited fine and/or 10 years imprisonment
Avoid dealing in infringing copies of copyrighted works
Unlimited fine and/or 10 years imprisonment
Comply with a court order to surrender or destroy illicit recordings
Unlimited fine and/or 10 years imprisonment
Do not provide equipment for infringing copying without permission
Unlimited fine and/or 10 years imprisonment
Do not publish or share private commissioned photos or films
Unlimited fine and/or 10 years imprisonment
Preserve electronic rights‑management information on copyrighted works
Unlimited fine and/or 10 years imprisonment
Respond to court notice and appear to contest forfeiture of illicit recordings
Unlimited fine and/or 10 years imprisonment
Deal in infringing copyrighted works
Unlimited fine and/or 10 years imprisonment
Falsely claim authority to give copyright consent
Unlimited fine and/or 6 months imprisonment
Make, import or distribute illicit recordings
Unlimited fine and/or 10 years imprisonment
Personal liability for corporate copyright offence
Unlimited fine and/or 10 years imprisonment
Supply or market devices that bypass copyright protection
Unlimited fine and/or 2 years imprisonment
Use “patent agent/attorney” title without registration
Unlimited fine and/or 10 years imprisonment
Practical guidance
Our guides explain how to comply with the requirements above.
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Digital & Technology 2
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Sections and provisions
448 classified provisions from this legislation.
Duties 46
- s.2 Rights subsisting in copyright works.
- s.22 Secondary infringement: importing infringing copy.
- s.23 Secondary infringement: possessing or dealing with infringing copy.
- s.24 Secondary infringement: providing means for making infringing copies.
- s.25 Secondary infringement: permitting use of premises for infringing performance.
- s.26 Secondary infringement: provision of apparatus for infringing performance, &c.
- s.31BB Accessible and intermediate copies: records and notification
- s.78 Requirement that right be asserted.
- s.83 Infringement of right by possessing or dealing with infringing article.
- s.84 False attribution of work.
- s.114A Forfeiture of infringing copies, etc. : England and Wales or Northern Ireland
- s.114B Forfeiture of infringing copies, etc.: Scotland The court
- s.114 Order as to disposal of infringing copy or other article. and an order
- s.116C General provision about licensing under sections 116A and 116B decision
- s.121 Application for grant of licence in connection with licensing scheme.
- s.126 Reference to tribunal of expiring licence.
- s.129 General considerations: unreasonable discrimination.
- s.130 Licences for reprographic copying.
- s.131 Licences for educational establishments in respect of works included in broadcasts . . ..
- s.132 Licences to reflect conditions imposed by promoters of events. the Tribunal
- ... and 26 more duties
Offences and penalties 10
- s.107 Criminal liability for making or dealing with infringing articles, &c.
- s.110 Offence by body corporate: liability of officers.
- s.198 Criminal liability for making, dealing with or using illicit recordings.
- s.201 False representation of authority to give consent.
- s.202 Offence by body corporate: liability of officers.
- s.276 Persons entitled to describe themselves as patent agents.
- s.285 Offences committed by partnerships and bodies corporate.
- s.296ZB Devices and services designed to circumvent technological measures
- s.297A Unauthorised decoders.
- s.297 Offence of fraudulently receiving programmes.
Powers 59
- s.44A Legal deposit libraries
- s.47 Material open to public inspection or on official register.
- s.48 Material communicated to the Crown in the course of public business.
- s.66 Lending to public of copies of certain works.
- s.99 Order for delivery up.
- s.100 Right to seize infringing copies and other articles.
- s.108 Order for delivery up in criminal proceedings.
- s.109 Search warrants.
- s.112 Power of Commissioners of Customs and Excise to make regulations.
- s.116A Power to provide for licensing of orphan works
- s.116B Extended collective licensing
- s.135H Power to amend sections 135A to 135G.
- s.137 Power to extend coverage of scheme or licence.
- s.138 Variation or discharge of order extending scheme or licence.
- s.140 Inquiry whether new scheme or general licence required.
- s.141 Statutory licence where recommendation not implemented.
- s.144 Powers exercisable in consequence of report of Competition and Markets Authority.
- s.147 Financial provisions.
- s.150 General power to make rules.
- s.151A Award of interest.
- ... and 39 more powers
Definitions 80
- s.1 Copyright and copyright works. copyright work
- s.3A Databases
- s.3 Literary, dramatic and musical works. literary work musical work
- s.4 Artistic works.
- s.5A Sound recordings.
- s.5B Films.
- s.6A Safeguards in case of certain satellite broadcasts.
- s.6 Broadcasts. broadcast
- Schedule 6 Provisions for the Benefit of Great Ormond Street Hospital for Children
- s.8 Published editions.
- s.9 Authorship of work.
- s.10 Works of joint authorship.
- s.10A Works of co-authorship
- s.13B Duration of copyright in films.
- s.15A Meaning of country of origin. Berne Convention country
- s.16 The acts restricted by copyright in a work.
- s.17 Infringement of copyright by copying.
- s.18A Infringement by rental or lending of work to the public.
- s.18 Infringement by issue of copies to the public.
- s.19 Infringement by performance, showing or playing of work in public.
- ... and 60 more definitions
Exemptions 84
- Schedule 1 Copyright: transitional provisions and savings
- Schedule 2 Rights in performances: permitted acts
- s.11 First ownership of copyright.
- s.12 Duration of copyright in literary, dramatic, musical or artistic works.
- s.28B Personal copies for private use
- s.29A Copies for text and data analysis for non-commercial research
- s.29 Research and private study.
- s.30A Caricature, parody or pastiche
- s.30 Criticism, review , quotation and news reporting.
- s.31BA Making , communicating, making available, distributing or lending of intermediate copies by authorised bodies
- s.31A Disabled persons: copies of works for personal use
- s.31B Making , communicating, making available, distributing or lending of accessible copies by authorised bodies
- s.31 Incidental inclusion of copyright material.
- s.32 Illustration for instruction
- s.33 Anthologies for educational use.
- s.35 Recording by educational establishments of broadcasts
- s.36 Copying and use of extracts of works by educational establishments
- s.40B Libraries and educational establishments etc : making works available through dedicated terminals
- s.40A Lending of copies by libraries or archives.
- s.41 Copying by librarians: supply of single copies to other libraries
- ... and 64 more exemptions