(1)Copyright in a work is infringed by a person who, without the licence of the copyright owner—
(a)makes,
(b)imports into the United Kingdom,
(c)possesses in the course of a business, or
(d)sells or lets for hire, or offers or exposes for sale or hire,
an article specifically designed or adapted for making copies of that work, knowing or having reason to believe that it is to be used to make infringing copies.
(2)Copyright in a work is infringed by a person who without the licence of the copyright owner transmits the work by means of a telecommunications system (otherwise than by communication to the public ), knowing or having reason to believe that infringing copies of the work will be made by means of the reception of the transmission in the United Kingdom or elsewhere.
Cases considering section 24 4
[2024] EWHC 128 (Ch) · 29 January 2024
The court applied the knowledge requirement for secondary infringement and held that the pleaded facts gave no credible basis for inferring that Sony knew or had reason to believe that copies infringed the claimants’ rights. (see paras [93]-[98])
[2010] EWHC 1932 (Ch) · 28 July 2010
Applies the provision concerning distribution in the course of business of articles specifically designed or adapted for making copies of a copyright work. The court held that liability was established for copying the Nintendo Logo Data File into RAM, while the boot-up software allegation remained unsuitable for summary judgment (see paras [46]-[48]).
[2017] EWHC 702 (QB) · 5 April 2017
The provision was cited as part of the claimant’s pleaded copyright case. The court did not construe or apply section 24 and instead struck out the claim for abuse arising from inadequate pleading and litigation conduct (see paras [13]; [29]-[30]).
What each judgment says about section 24 is in the case-law panel in the full Act.