Spacer
Search A-Z index Contact
Spacer
University of Cambridge Home Intellectual Property and Copyright in the Digital Environment
Spacer
Spacer
University of Cambridge > CARET > Intellectual Property and Copyright in the Digital Environment

 View Table of Contents
 Download PDF version
 Send Feedback
3.5 How can I enforce copyright?
Copyright comes into effect automatically as soon as something that can be protected is created and "fixed" in some way (e.g. on paper, on film, via sound recording, as an electronic record or on the Internet).  There is no official register so you do not need to have taken any formal steps to protect your work before seeking to enforce your copyright. 
Should infringement occur, any action for copyright infringement would have to take place in the country where the infringement occurred, although the laws of the place where the work was produced / published will apply.  It is possible, however, to pursue the local Internet service provider. 
Copyright is essentially a private right. If someone uses material without permission (where there is no law that might make such use legal), in most countries the copyright owner may use any remedies available under the civil law of the country in which the infringement occurred.  In the UK this includes seeking damages, injunctions (to stop the continued infringement of copyright) and orders to deliver up goods which infringe copyright. 
However, legal action can be stressful, drawn out and expensive with it not uncommon for copyright cases to take in excess of 1 year and many tens of thousands of pounds to conclude. Even if you are successful, you will not necessarily recover all of your legal costs.  Accordingly, litigation is not likely to be an attractive option unless you have suffered exceptional damage.  In many cases it is best first to attempt to negotiate a solution with the infringer, such as asking them to cease and desist and perhaps also to remit any profits to you.  This is often effective, particularly where the breach of copyright was inadvertent or where the infringer has not profited significantly from the breach. 
Accordingly, the usual course is to try to resolve the matter with the party you believe has infringed your copyright.  A litigious approach should be carefully considered in consultation with legal or other professional advisers. 
If certain IP rights are intentionally infringed on a commercial scale, there may also be the possibility of prosecuting that person for a criminal offence.  This mostly occurs in the case of music and video pirating.  Where criminal offences may have been committed, an IP owner may pursue the matter themselves as a private prosecution, or report the matter to a public sector enforcer such as the police or trading standards office. 
In order to reduce the chances of people using your copyright work without your permission, you should consider taking steps such as adding a copyright notice to your work; including an express copyright statement; adopting digital protection; and registration.  Further information on each of these options is provided on the page creating a web page: how can I protect my work?
Information current as at 12 September 2005.
Spacer
Spacer
CARET Logo