UK Law and Practice Contributed by: Margherita Barbagallo, Sanskriti Mohta and Nilojana Nirmalan, Dragon Argent
who compiled the collection may hold a separate cop - yright in the selection and arrangement. Where a jointly owned copyright work is infringed, any one of the joint owners may bring legal proceedings to restrain the infringement or claim damages, although they may need to account to the other owners for their share of any recovery. Certain statutory exceptions permit limited use of such works without a licence. These include fair dealing for purposes such as criti - cism or review, the reproduction of works permanently situated in public places, and the use of images in auction or sales catalogues to advertise a sale. 3. Protection Against Plagiarism 3.1 Legal Consequences of Copyright Infringement When someone uses a copyright-protected artwork without the owner’s permission, this will generally amount to copyright infringement unless a statutory exception applies. Infringement can take many forms, including reproducing the work, distributing copies, communicating it to the public online, or commercially exploiting it without authorisation. Under English law, copyright infringement may give rise to both civil and – in serious cases – criminal liability. Civil Liability The copyright owner may bring civil proceedings against the infringer and seek remedies designed both to stop the infringement and to compensate for the harm caused. The most common remedies include an injunction to restrain further unauthorised use, damages for financial loss suffered, or an account of profits made by the infringer. The court may also order the delivery up or destruction of infringing cop - ies. These remedies are discretionary, meaning that the court will consider what is fair and proportionate in the circumstances. Criminal Liability Criminal sanctions apply under the CDPA in more seri - ous cases, particularly where infringement is commit - ted deliberately and on a commercial scale. Under Section 107 of the CDPA, criminal offences arise where a person knowingly makes, imports, sells or
distributes infringing copies in the course of business, or does so to such an extent that it prejudicially affects the copyright owner. The prosecution must prove that the defendant knew or had reason to believe they were dealing with infringing copies. Penalties can be severe. On summary conviction in the Magistrates’ Court, the maximum is six months’ imprisonment or an unlimited fine, while conviction on indictment in the Crown Court carries up to ten years’ imprisonment and/or an unlimited fine. The court may also order forfeiture and destruction of infringing copies and of the equipment used to produce them. These sanctions reflect the serious harm that copy - right infringement inflicts not only on individual crea - tors but on the wider creative economy. 3.2 Registering Artwork The UK does not operate an official register of copy - right works. Copyright protection arises automatically under the CDPA as soon as an original artistic work is created and recorded in material form. This means that an artwork is protected from the moment of its creation without any registration formalities. Although registration is not required, artists can take practical steps to strengthen their evidential position should a dispute later arise over authorship, owner - ship or the date of creation. Because copyright is automatic, proving these facts often depends on the quality of the records available. Artists are therefore encouraged to maintain clear documentation show - ing the creation and development of their work. This might include drafts, sketches, preliminary studies, photographs of the work in progress, digital files with metadata, studio notes, and relevant correspondence such as emails discussing the work. Such material can serve as valuable evidence if the artist’s claim to authorship is ever challenged. For digital versions of artworks, which are especially vulnerable to unauthorised copying and online circu - lation, artists may also consider using visible water - marks. While a watermark does not confer legal pro - tection, it can help deter casual misuse and clearly signals that the work belongs to the artist. Including a copyright notice when displaying or circulating art - work – though not required for protection – similarly
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