Copyright, Designs and Patents Act 1988, section 23

Secondary infringement: possessing or dealing with infringing copy

Part I Copyright

The copyright in a work is infringed by a person who, without the licence of the copyright owner—

(a)possesses in the course of a business,

(b)sells or lets for hire, or offers or exposes for sale or hire,

(c)in the course of a business exhibits in public or distributes, or

(d)distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,

an article which is, and which he knows or has reason to believe is, an infringing copy of the work.

Definitions used in section 23 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 —

  • section 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),

  • ...

  • ...

  • ...

  • ...

  • ...

  • 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).

Defined in s.27(6) · see it in the full Act

Cases considering section 23 26

Roadget Business Pte Ltd & Anor v Whaleco UK Limited

[2026] EWHC 2165 (Ch) · 13 August 2026

The court held that secondary infringement required actual knowledge or reason to believe that the specific articles were infringing copies, which Temu lacked before removal. (see paras [281]-[297]) Cited only. The court applied the exhibition and distribution limb of s. 23 and held that Temu lacked the requisite knowledge or reason to believe before the listings were removed. (see paras [210], [282]-[297])

Getty Images (US) Inc & Ors v Stability AI Limited

[2025] EWHC 2863 (Ch) · 4 November 2025

Applies the possession and dealing prohibitions only to an article which is an infringing copy. The claim failed because the final model weights did not contain or store copies of the Copyright Works. (see paras [546]-[550]; [599]-[604])

Shantell Martin & Anor v Bodegas San Huberto SA & Ors

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

Applies section 23(a) to possession of infringing copies in the course of business. GM Drinks possessed the First Label products, but liability was confined to dealing after notification of the infringement; the Second and Third Labels were not infringing copies (see paras [57]; [105]; [107]-[111]). Applies section 23(b) to selling, offering or exposing infringing copies for sale. GM Drinks was liable for relevant post-notification dealings in the First Label products, but not for the Second or Third Labels (see paras [57]; [106]-[111]).

6 more judgments, and what each says about section 23, are in the case-law panel in the full Act.