Copyright Infringement Solicitors UK: A Practical Guide to Protecting Your Work

Quick answer: Copyright infringement in the UK occurs when someone carries out a restricted act on an original work without the owner’s permission under the Copyright, Designs and Patents Act 1988. You do not need to register copyright in the UK for protection to apply automatically on creation.

If someone has copied your content, images, music, software or other creative work without permission, you may need advice from copyright infringement solicitors UK businesses and creators can trust. Copyright disputes can move quickly, especially online, and early action often makes a real difference.

What is copyright infringement under UK law?

In the UK, copyright is mainly governed by the Copyright, Designs and Patents Act 1988 (CDPA 1988). Copyright protects original creative works automatically. You do not need to register it in the UK. Copyright infringement happens when someone carries out a restricted act without the copyright owner’s permission and no legal exception applies. That may include copying, sharing, selling, uploading, adapting or communicating the work to the public.

A common mistake is assuming that content found online is free to use. It usually is not.

What copyright protects in the UK

Copyright can protect a wide range of original works, including literary works such as articles, website copy and software code; artistic works such as photographs, drawings and graphics; musical works and sound recordings; films and broadcasts; and the typographical arrangement of published editions. Infringement is not limited to books or music. It often involves business assets such as website content, product photography, marketing materials, training documents, videos and social media content.

Who owns copyright?

In most cases, the creator is the first owner of copyright. However, there are important exceptions. If an employee creates the work in the course of employment, the employer will usually own the copyright. If a freelancer creates the work, the freelancer will usually own it unless there is a written assignment. If several people contributed, ownership may be more complex.

This is one reason disputes often arise. A business may pay for branding, photography or web copy and assume it owns the copyright, when legally that may not be the case. Before threatening action, it is important to confirm ownership properly. Sending a strong letter without clear rights can weaken your position.

Primary and secondary copyright infringement explained

Primary infringement

Primary infringement usually involves directly doing a restricted act without permission. Examples include copying all or part of a protected work, uploading protected content to a website, distributing copies, adapting a work, showing or performing it in public, and making it available online.

Secondary infringement

Secondary infringement involves dealing with infringing copies in a business context or helping infringement happen. Examples may include importing infringing goods, possessing infringing copies for commercial use, selling or distributing infringing items, and providing the means to make infringing copies. This distinction matters because liability may extend beyond the person who first copied the work.

What counts as a substantial part?

Under UK law, infringement does not require copying the whole work. Copying a substantial part can be enough, and this is judged by quality, not just quantity. A short extract, a distinctive photograph, a key graphic element, or important source code may still amount to infringement if it captures an original part of the work. The answer often depends on what was taken, how original it was, and how it was used.

Common examples of copyright infringement

Copyright disputes often arise from a competitor copying website text or blog content, unauthorised use of product or event photographs, reusing marketing brochures or videos, copying software code or database content, posting music or footage online without a licence, and sellers using your images on marketplaces or social media adverts.

What should you do if someone copies your work?

1. Preserve evidence Take dated screenshots, save URLs, download copies where possible, and keep your original source files, drafts, metadata and publication records.
2. Confirm ownership and scope Check contracts, employment terms, licences and assignments. Make sure you can show that you own the rights you are trying to enforce.
3. Assess the infringement Consider what has been copied, whether a substantial part was taken, whether any defence might be raised, and how serious the commercial impact is.
4. Send a cease and desist letter A well-drafted letter can demand that the infringer stops using the work, removes copies, preserves evidence and explains the extent of use.
5. Consider takedown options If the infringement is online, takedown requests may be made to website hosts, online marketplaces, social media platforms, and search engines in appropriate cases.
6. Explore settlement or formal action Some cases settle quickly. Others may require issuing a claim.

Remedies for copyright infringement in the UK

Available remedies may include an injunction to stop further infringement, damages for loss suffered, an account of profits made by the infringer, delivery up or destruction of infringing items, a declaration of ownership or infringement, and in some cases, costs recovery. In serious matters, there may also be criminal implications, though most business disputes are handled through civil procedures.

How long does a copyright infringement claim take in the UK?

A straightforward takedown or cease and desist outcome may be resolved in days or weeks. A negotiated settlement may take a few weeks to a few months. Court proceedings may take several months, sometimes longer in more complex disputes. Urgency matters. If infringing content is live online, delay can increase loss and make evidence harder to secure.

Which courts deal with copyright infringement?

In England and Wales, copyright claims may be brought in different courts depending on value, complexity and remedies sought. The Intellectual Property Enterprise Court (IPEC) is often suitable for many intellectual property disputes, especially where parties want a more streamlined process. Smaller claims may be dealt with in the IPEC Small Claims Track. Larger or more complex disputes may be heard in the High Court. Choosing the right forum can affect cost, procedure and strategy.

FAQ: copyright infringement solicitors UK

What happens if someone copies my website content?

You may be able to demand removal, seek undertakings, request a takedown and pursue a claim for damages or profits if appropriate.

Can I bring a claim if only part of my work was copied?

Yes, if what was taken amounts to a substantial part in legal terms.

Do I need a solicitor for a cease and desist letter?

Not always, but a solicitor’s letter can carry more weight and reduce the risk of getting the legal position wrong.

Can a solicitor help with online takedowns?

Yes. A solicitor can help prepare platform complaints, host notices and pre-action correspondence, and advise if those steps fail.

Related reading

For a deeper look at copyright in a specific creative industry, see our guide on copyright in the music industry. If you are dealing with a trade mark dispute, read our overview of genuine use and trade mark invalidation.

This article is for general information only and is not a substitute for legal advice.