Copyright, Designs and Patents Act 1988, section 18

Infringement by issue of copies to the public

Part I Copyright

(1)The issue to the public of copies of the work is an act restricted by the copyright in every description of copyright work.

[[F63,F64 (2)References in this Part to the issue to the public of copies of a work are to the act of putting into circulation in the United Kingdom copies not previously put into circulation in [F65 the United Kingdom orF65] the EEA by or with the consent of the copyright owner.F64]

(3)References in this Part to the issue to the public of copies of a work do not include—

(a)any subsequent distribution, sale, hiring or loan of copies previously put into circulation (but see section 18A: infringement by rental or lending) F66...

F67(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68...F63]

F69 (4)References in this Part to the issue of copies of a work include the issue of the original.

Definitions used in section 18 5

copy

(1)The copying of the work is an act restricted by the copyright in every description of copyright work; and references in this Part to copying and copies shall be construed as follows.

Defined in s.17(1) · see it in the full Act
copyright work

(2) In this Part “copyright work” means a work of any of those descriptions in which copyright subsists.

Defined in s.1(2) · see it in the full Act
the EEA

“the EEA” means the European Economic Area; and

Defined in s.172A(1) · see it in the full Act
rental

(a) “rental” means making a copy of the work available for use, on terms that it will or may be returned, for direct or indirect economic or commercial advantage, and

Defined in s.18A(2) · see it in the full Act
lending

(b) “lending” means making a copy of the work available for use, on terms that it will or may be returned, otherwise than for direct or indirect economic or commercial advantage, through an establishment which is accessible to the public.

Defined in s.18A(2) · see it in the full Act

Cases considering section 18 21

Yours Naturally Naturally Yours Limited v Kate McIver Skin Limited & Anor

[2023] EWCA Civ 1493 · 19 December 2023Limits

The court treated section 18 as inapposite to the complained-of online use because it concerns tangible copies. It nevertheless rejected the defendants’ appeal argument in light of the admission, failure to take the section 20 point and sole implied-licence defence. (see paras [66]-[73])

Shantell Martin & Anor v Bodegas San Huberto SA & Ors

[2025] EWHC 1827 (IPEC) · 24 July 2025

Applies section 18 to the issue to the public in the United Kingdom of copies represented by the First Label. GM Drinks was liable for all such issuing acts; the provision did not apply to the Second or Third Labels because they were not infringing copies (see paras [55]; [101]-[103]).

Dr Faramarz Shayan Arani & Ors v Cordic Group Ltd

[2023] EWHC 95 (Comm) · 27 January 2023

The court relied on section 18 as part of the statutory basis for finding infringement through distributing CDS containing copies or adaptations of PAF data. (see para [58])

1 more judgment, and what each says about section 18, are in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F63S. 18(2)(3) substituted (1.12.1996) by S.I. 1996/2967, reg. 9(2) (with Pt. III)
  2. F64S. 18(2) substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 3(2)
  3. F65Words in s. 18(2) inserted (31.1.2020) by The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 (S.I. 2019/265), regs. 1, 4(2); 2020 c. 1, Sch. 5 para. 1(1)
  4. F66Word in s. 18(3)(a) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 3(3)(a)
  5. F67S. 18(3)(b) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 3(3)(b)
  6. F68Words in s. 18(3) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 3(3)(c)
  7. F69S. 18(4) added (1.12.1996) by S.I. 1996/2967, reg. 9(3) (with Pt. III)