How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

ra - es

Customer Question

what is the maxinmin fine for copyright infringement in the uk in the three strike ban coming to uk
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Are you asking as an individual please or as a business entity?

JACUSTOMER-yhre9iz2- :

individual

JACUSTOMER-yhre9iz2- :

hello

Josh-2010 :

Sorry I will be with you in a few moments... Sorry for the delay - I have just had to take a phone call

Josh-2010 :

Are you happy to hang on for a minute or so?

JACUSTOMER-yhre9iz2- :

yes

JACUSTOMER-yhre9iz2- :

do you no answer

Josh-2010 :

Sorry about the delay.

JACUSTOMER-yhre9iz2- :

if you don't no that's fine

Josh-2010 :

As you are likely aware the Three strikes policy is not law it is a proposal whereby Ofcom can publish a code providing for a three strikes and you are disconnected policy.

Josh-2010 :

This policy is presently being consulted upon and has suffered some set backs recently as a result of a decision that it may infringe human rights so it remains questionable as to whether it will ever become law.

JACUSTOMER-yhre9iz2- :

no its coming in 2014

Josh-2010 :

As regards XXXXX XXXXX the UK is not a jurisdiction where criminal prosecutions are generally brought for copyright infringement as an indivdual.

JACUSTOMER-yhre9iz2- :

copyright holders cam take legal action after three strikes

Josh-2010 :

Sorry just going back to your above comment, that is far from certain. It was due to be implemented this year but has not been set back to 2014 but it is not certain that it will happen. There are a series of challenges to the proposal and a court decision as left the matter uncertain at best. However at present it is simply not known what the outcome will be.

Josh-2010 :

However as to criminal fines for copyright infringement the law provides for a fine of up to £5000 and up to six months in prison for copyright infringement

Josh-2010 :

However this is for distributing copyrighted material. The Digital Economy Act has revised the fine upwards to £50,000 if infringement occurs in the course of business.

JACUSTOMER-yhre9iz2- :

Ofcom says you can be fined up to 50000

Josh-2010 :

In deed - the fine has been increased as above however this is only in the course of busines - e.g. for distributing material and so on.

Josh-2010 :

There are imited number of criminal offences for copyright infringement as follows:

JACUSTOMER-yhre9iz2- :

distributing it is different than downloading

Josh-2010 :

Making copies for the purpose of selling or hiring them to others
Importing infringing copies (except for personal use)
Offering for sale or hire, publicly displaying or otherwise distributing infringing copies in the course of a business
Distributing a large enough number of copies to have a noticeable effect on the business of the copyright owner
Making or possessing equipment for the purposes of making infringing copies in the course of a business
Publicly performing a work in knowledge that the performance is unauthorised
Communicating copies or infringing the right to "make available" copies to the public (either in the course of a business, or to an extent prejudicial to the copyright owner)
Manufacturing commercially, importing for non-personal use, possessing in the course of a business, or distributing to an extent that has a noticeable effect on the business of the copyright holder, a device primarily designed for circumventing a technological copyright protection measure.

JACUSTOMER-yhre9iz2- :

yes that fine for 50000 for making money from

Josh-2010 :

Normally an individual would not be engaged in such acts but rather simply downloads for personal use. This can be pursued under civil law whereby the copyright holder pursues the downloader for damages - namely the loss they have suffered for lost revenue. This is different to a fine.

JACUSTOMER-yhre9iz2- :

how much is that fine

Josh-2010 :

If you are engaged in copyright infringment as a business by commiting one or more of the above offences then your maximum fine is £50K and up to 6 months in prison plus damages for loss of profits from the copyright holder. If however you are simply engaged in downloading copyright material for personal use you may be sued for damages by the copyright owner but would not face a fine or criminal prosecution.

Josh-2010 :

Do you mean how much do copyright owners normally ask for in civil damages?

JACUSTOMER-yhre9iz2- :

would copyright holder fine more than £50000

Josh-2010 :

Can I clarify are you downloading for personal use or using the material as part of a business?

JACUSTOMER-yhre9iz2- :

yes how much copyright holders ask for civil damages

JACUSTOMER-yhre9iz2- :

none I am worried about a friend

Josh-2010 :

OK for clarity the copyright owner cannot fine anyone. Only the state can fine someone and here only if a criminal prosecution is brought under one of the above offences - basically because a business is being run on copyrighted material. Otherwise an individual can simply be pursued by for damages.

Josh-2010 :

In terms of damages copyright holders tend to ask for hundreds or even low thousands of pounds if they bother to contact an individual but consistent authorities have should that such sums are not enforceable. General Tire and Rubber Co v Firestone Tyre and Rubber Co [1975] FSR 273 it was decided that "damages should be assessed so as to put the injured party in the position he would have been in if he had not sustained the wrong, and thus the appropriate measure of damages where a patentee exploited a patent by granting licences was the "going rate" for such a licence at the time that infringement commenced" and that this "requires the judge assessing damages to take into account any licences actually granted and the rates of royalty fixed by them, to estimate their relevance and comparability, to apply them so far as he can to the bargain hypothetically to be made between the patentee and the infringer, and to the extent to which they do not provide a figure on which the damage can be measured, to consider any other evidence, according to its relevance and weight, upon which he can fix a rate of royalty which would have been agreed".

Josh-2010 :

In other words if one downloads a movie a copyright holder could sue for damages for the lost royalties they would have otherwise earned. For this reason copyright holders in practice rarely pursue individuals in the UK unless there is widespread copyright abuse.

Josh-2010 :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

JACUSTOMER-yhre9iz2- :

but no matter how much a person download copyright material for personal use a court couldn't find more than 50000

Josh-2010 :

The maximum fine that can be imposed is £50K in addition a 6 month prison sentence (which don't forget only apply if one of the above criminla offences has been committed which is unlikely to be the case if infringment is for personal use) but also don't forget that there is nothing stopping a copyright holder also then suing for damages. If copyright infringement is widespread damages could amount to a substantial additional sum in addition to any fine.

JACUSTOMER-yhre9iz2- :

Ofcom sets obligation code

Josh-2010 :

The ofcom code is something quite seperate which has to do with disconnecting people from the internet and making ISPs responsible for policing copyright downloading on the internet. It is still under consultation so the final code and its contents are not known with any degree of certainty.

JACUSTOMER-yhre9iz2- :

its says in the code isp must not nofify alleged infringers more than a year old

Josh-2010 :

As above it is only a draft so there is little point in paying much attention to it unless you are an ISP until the final draft is published. I believe the present proposal is to give people three chances in any 12 month period and on the 3 offence in any 12 monthperiod to disconnect but this is presently been subject to a challenge under human rights which means they have somewhat gone back to the drawing board which is partly no doubt why they have put back implementation to next year from this.

Josh-2010 :

It is not possible to accurately comment on the future as this is a developing area and at present far from certain

Josh-2010 :

Is there anything else I can assist you with?

JACUSTOMER-yhre9iz2- :

yes but if infringments happened a year ago today I don't think they could sent you a warning notice

Josh-2010 :

Its not in effect yet so warning notices are not sent out at all unless the ISP has its own internal policy on the matter.

JACUSTOMER-yhre9iz2- :

its says they must not permit any report more than 12 months before the date of a notification to be taken into account for the purposes of the notifcation

Josh-2010 :

If the issues occured more than 12 months ago (the ofcom code is irrelevant at present) then in practice your friend probably has little to worry about. In principle copyright infringement can be pursued for 6 years in civil law but the reality is that if he has not yet been contacted the chances of him being contacted now are pretty diminished.

Josh-2010 :

I can only repeat that the Ofcom code is not law at present so is not relevant.

Josh-2010 :

It may be relevant in the future in whatever form it finally emerges as.

JACUSTOMER-yhre9iz2- :

if someone receives a letter in the year it come out warning them if they stop the should be fine

Josh-2010 :

I am really sorry if I am not making myself clear on the point. There are no warning letters as there is no legal code at present. You are asking me to comment on law that does not exist. It may or may not be law in the future at which time I could of course answer your question but at present it does not exist. For what it is worth however as i understand the proposal you have three strikes in any 12 month period. More than 2 offences in any 12 month period and you will be disconnected but I reiterate this is not presently law but merely a somewhat tenuous proposal.

Josh-2010 :

I would suggest for the present you ignore the Ofcom code until the final version is known because at present it does not diretly effect any of us.

JACUSTOMER-yhre9iz2- :

at first they were going to disconnect you but the changed to legal action but hasn't be confirmed

Josh-2010 :

I feel we are going round in circle somewhat so I am going to opt out.

JACUSTOMER-yhre9iz2- :

ok

Expert:  Joshua replied 3 years ago.
Opting out for others.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice