Copyright, Designs and Patents Act 1988, section 24

Secondary infringement: providing means for making infringing copies

Part I Copyright

(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 [F79communication to the publicF79] ), 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.

Definitions used in section 24 5

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
made

(2)Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.

Defined in s.3(2) · see it in the full Act
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
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
telecommunications system

“telecommunications system” means a system for conveying visual images, sounds or other information by electronic means;

Defined in s.178 · see it in the full Act

Cases considering section 24 4

Noel Redding Estate Limited & Anor v Sony Music Entertainment UK Limited

[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])

Nintendo Company Ltd & Anor v Playables Ltd & Anor

[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]).

Cleeves v University of Oxford

[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.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F79Words in s. 24(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 5(a) (with regs. 31-40)