The copyright in a work is infringed by a person who, without the licence of the copyright owner, imports into the United Kingdom, otherwise than for his private and domestic use, an article which is, and which he knows or has reason to believe is, an infringing copy of the work.
Definitions used in section 22 2
- article
“article” means any article of manufacture and includes any part of an article if that part is made and sold separately;
Defined in Sch.4 para.38 · see it in the full Act“article”, in the context of an article in a periodical, includes an item of any description;
Defined in s.178 · see it in the full Act- infringing copy
(1) In this Part “infringing copy”, in relation to a copyright work, shall be construed in accordance with this section.
Defined in s.27(1) · see it in the full Act(6) In this Part “infringing copy” includes a copy falling to be treated as an infringing copy by virtue of any of the following provisions —
Defined in s.27(6) · see it in the full Actsection 29A(3) (copies for text and data analysis for non-commercial research),
section 28B(7) and (9) (personal copies for private use),
section 31A(5) and (6) (disabled persons: copies of works for personal use),
section 31B(11) (making and supply of accessible copies by authorised bodies),
section 35(5) (recording by educational establishments of broadcasts),
section 36(8) (copying and use of extracts of works by educational establishments),
section 42A(5)(b) (copying by librarians: single copies of published works),
section 61(6)(b) (recordings of folksongs),
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section 56(2) (further copies, adaptations, &c. of work in electronic form retained on transfer of principal copy),
section 63(2) (copies made for purpose of advertising artistic work for sale),
section 68(4) (copies made for purpose of broadcast . . . ),
section 70(2) (recording for the purposes of time-shifting),
section 71(2) (photographs of broadcasts), or
any provision of an order under section 141 (statutory licence for certain reprographic copying by educational establishments).
Cases considering section 22 9
Getty Images (US) Inc & Ors v Stability AI Limited
Applies the importation prohibition only to an article which is an infringing copy. Stable Diffusion was not such an infringing copy, so the section did not apply. (see paras [543]-[550]; [599]-[603])
Shantell Martin & Anor v Bodegas San Huberto SA & Ors
Applies section 22 to importing infringing copies into the United Kingdom. GM Drinks undertook the importing, but liability for the First Label arose only after it knew or had reason to believe that the label infringed; no liability arose for the non-infringing labels (see paras [56]; [104]; [107]-[111]).
Getty Images (US) Inc & Ors v Stability AI Ltd
The court declined summarily to determine whether importing an “article” is confined to tangible things or may include intangible software. The question was reserved for trial after factual findings (see paras [79]-[95]).
- T & A Textiles and Hosiery Ltd v Hala Textile UK Ltd & Ors
- Bodo Sperlein Ltd v Sabichi Ltd & Anor
- Nouveau Fabrics Ltd. v Voyage Decoration Ltd. & Anor
- Football Association Premier League Ltd. & Ors v Panini UK Ltd.
- Playtech Software Limited v Games Global Limited & Ors
- Kohler Mira Ltd v Bristan Group Ltd
What each judgment says about section 22 is in the case-law panel in the full Act.