1. Overview: Copyright in the UK

Copyright is governed by the Copyright, Designs and Patents Act 1988 (CDPA 1988).
It protects original literary, dramatic, musical, and artistic works, including:

Software and databases

Films and broadcasts

Sound recordings

Copyright infringement occurs when a person:

Copies a substantial part of a work

Issues copies to the public

Performs, shows, or broadcasts the work without permission

Remedies in the UK include:

Injunctions (interim or final)

Damages (compensatory or additional for flagrant infringement)

Account of profits (profits earned from infringement)

Delivery up or destruction of infringing copies

Declaratory relief

2. Remedies and Key Case Laws

Case 1: Francis Day & Hunter Ltd v Twentieth Century Fox Film Corp [1940] 2 KB 167

Facts:

Infringement of a musical composition

Fox copied portions of songs without authorization

Legal Issue:

Whether copying a substantial part of the work occurred

Judgment:

Court held that infringement occurs even if minor changes are made as long as the “substantial part” is copied

Injunction and damages awarded

Significance:

Establishes the substantial part test for copyright infringement

Sets precedent for calculating damages based on the extent of copying

Case 2: Lucasfilm Ltd v Ainsworth [2011] UKSC 39

Facts:

Ainsworth produced Stormtrooper helmets for sale

Lucasfilm claimed copyright in design of helmets

Legal Issue:

Whether functional objects (props) are protected as artistic works

Judgment:

Supreme Court held:

Only artistic works with artistic originality are protected

Mass-produced functional objects may only enjoy design right protection

Remedies:

Infringement remedies only available if copyright exists

Demonstrated the limits of copyright for functional designs

Significance:

Guides copyright claims for digital and virtual objects in UK

Case 3: Designer Guild Ltd v Russell Williams (Textiles) Ltd [2000] 1 WLR 2416

Facts:

Textile designs copied for mass production

Designer Guild sued for copyright infringement

Judgment:

Court applied substantial part test, focusing on quality and originality, not quantity

Copying a “substantial part” of artistic expression sufficient

Remedies:

Injunction and damages awarded

Account of profits considered

Significance:

Establishes principle that qualitative copying matters more than quantitative copying

Case 4: Hyperion Records Ltd v Sawkins [2005] EWCA Civ 565

Facts:

Musical performance (interpretation of compositions) claimed as copyright

Claim involved recording and distribution

Judgment:

Court recognized original interpretation as a copyrightable performance

Infringement remedies available

Remedies:

Injunction and damages awarded

Significance:

Extends copyright protection to performances, arrangements, and derivative works

Case 5: Pro Sieben Media AG v Carlton Television Ltd [1999] 1 WLR 605

Facts:

TV broadcaster copied part of a foreign broadcast

Claim for unauthorized reproduction and broadcast

Judgment:

Court held temporary copies held in memory of TV systems can constitute infringement

Injunctions and damages awarded

Principle:

Copyright infringement includes technical reproductions in digital systems

Relevant for modern streaming and online content

Case 6: Lucasfilm Ltd v Ainsworth (Delivery up / Destruction Context)

In addition to copyright limits, courts can order delivery up or destruction of infringing articles

Demonstrates the scope of equitable remedies under CDPA 1988

Case 7: CBS v Amstrad [1988] FSR 16

Facts:

Amstrad sold video recorders that could copy CBS content

CBS claimed inducement of infringement

Judgment:

Court allowed injunction and damages against parties facilitating infringement

Clarified that secondary liability for copyright infringement exists

Significance:

Modern applications: online platforms, streaming services, file-sharing networks

3. Categories of Remedies – Detailed

4. Modern Trends in UK Copyright Remedies

Digital content enforcement – Streaming, file-sharing, NFTs, virtual performances

Platform liability – Secondary liability for intermediaries hosting infringing content

Equitable relief – Courts increasingly flexible with injunctions and delivery up orders

Cross-border enforcement – Online infringement can trigger UK remedies if accessible to UK consumers

Flagrant infringement – Courts award additional damages for deliberate or commercial-scale copying

5. Conclusion

UK copyright remedies are flexible and robust, including:

Injunctions (interim and permanent)

Damages and additional damages

Account of profits

Delivery up and destruction

Declaratory relief

Case law confirms:

Qualitative substantial copying is sufficient (Designer Guild, Francis Day & Hunter)

Functional or derivative works may have limits (Lucasfilm)

Digital and technical reproductions are actionable (Pro Sieben, CBS v Amstrad)

Modern copyright enforcement extends to digital, online, and virtual environments, including streaming, NFTs, and Metaverse-related works.