chapter  10
45 Pages

Infringement of Copyright and Defences

Once it has been established that copyright subsists in a work, it may be defended against the unauthorised acts of others by its owner. Only acts done in relation to a work that are within the ambit of the exclusive rights infringe. Other acts fall into the public domain and do not require permission. Infringement is, therefore, confined to:

• primary acts of infringement, by doing restricted acts (those within the exclusive rights); and

• acts of secondary infringement, which may be broadly described as dealings with infringing copies of a work.