Copyright FAQs - The Innocence Defence under UK Copyright Law

There are a number of defences available for copyright infringement, including those for fair dealings, review, criticism and news reporting, non-commercial educational purposes, amongst others.

Copyright infringement is a tort (simply a civil wrong, rather than a criminal offence) of strict liability. Section 16(2) of the Copyright, Designs and Patents Act states that a copyright is 'by a person who without the licence of the copyright owner does, or authorises another to do, any of the acts restricted by the copyright'.

So subject to any applicable defences, mere reproduction of any of the rights set aside for the exclusive use of the copyright owner, which are set out in section 16(1) constitutes an infringement. There is no qualification in section 16(2) for lack of knowledge or innocence, therefore by copying a copyright work, the tort of copyright infringement is made out.

In the event that a defendant can show that the copying was innocent, that fact may come into account in an assessment of damages, and thus reducing or negating a damages award.