Copyright, Designs and Patents Act 1988, section 27

Meaning of “infringing copy”

Part I Copyright

(1) In this Part “infringing copy”, in relation to a copyright work, shall be construed in accordance with this section.

(2)An article is an infringing copy if its making constituted an infringement of the copyright in the work in question.

(3)F80... An article is also an infringing copy if—

(a)it has been or is proposed to be imported into the United Kingdom, and

(b)its making in the United Kingdom would have constituted an infringement of the copyright in the work in question, or a breach of an exclusive licence agreement relating to that work.

F81(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where in any proceedings the question arises whether an article is an infringing copy and it is shown—

(a)that the article is a copy of the work, and

(b)that copyright subsists in the work or has subsisted at any time,

it shall be presumed until the contrary is proved that the article was made at a time when copyright subsisted in the work.

(5)Nothing in subsection (3) shall be construed as applying to an article which—

[F82 (a)may lawfully be imported into the United Kingdom by virtue of anything which forms part of assimilated law as a result of section 3 of the European Union (Withdrawal) Act 2018, or

(b)has been or is proposed to be imported into the United Kingdom after being put into circulation in the EEA by or with the consent of the copyright owner.F82]

[F83 (5A)In subsection (5)(a), the reference to assimilated law is to be read, until the coming into force of paragraph 2(6) of Schedule 2 to the Retained EU Law (Revocation and Reform) Act 2023, as a reference to retained EU law.F83]

(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 —

  • [F84 section 29A(3) (copies for text and data analysis for non-commercial research),F84]

  • [F85 section 28B(7) and (9) (personal copies for private use),F85]

  • [F86 section 31A(5) and (6) (disabled persons: copies of works for personal use),F86]

  • [F87 section 31B(11) (making and supply of accessible copies by authorised bodies),F87]

  • [F84 section 35(5) (recording by educational establishments of broadcasts),F84]

  • [F84 section 36(8) (copying and use of extracts of works by educational establishments),F84]

  • [F84 section 42A(5)(b) (copying by librarians: single copies of published works),F84]

  • [F84 section 61(6)(b) (recordings of folksongs),F84]

  • F88 ...

  • F89 ...

  • F89 ...

  • F89 ...

  • F89 ...

  • 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),

  • F90 section 68(4) (copies made for purpose of broadcast . . . ),

  • [F91 section 70(2) (recording for the purposes of time-shifting),

  • section 71(2) (photographs of broadcasts), orF91]

  • any provision of an order under section 141 (statutory licence for certain reprographic copying by educational establishments).

Definitions used in section 27 7

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
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
exclusive licence

(1) In this Part an “exclusive licence” means a licence in writing signed by or on behalf of the copyright owner authorising the licensee to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the copyright owner.

Defined in s.92(1) · 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
the EEA

“the EEA” means the European Economic Area; and

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

(a) rights in performances, and in this context “personal copy” refers to a copy of a recording of a performance which may be made under paragraph 1B of Schedule 2 without infringing the rights conferred by Chapter 2 of Part II (rights in performances) , and

Defined in s.296ZEA(9) · see it in the full Act

Cases considering section 27 10

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

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

Interprets section 27(3) as requiring the imported article itself to be an infringing copy. Training the model through exposure to reproductions of copyright works did not make the resulting model weights an infringing copy. (see paras [547]-[550]; [592]-[603])

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

[2023] EWHC 3090 (Ch) · 1 December 2023Interprets

The court confirmed that section 27(2) depends on the making of the article constituting UK copyright infringement. The secondary infringement claim under that subsection therefore depended on the outcome of the UK training and development claim (see paras [84]-[86]). The court confirmed that an article made outside the UK can fall within section 27(3) only if it has been or is proposed to be imported and its making in the UK would have infringed copyright. The application was left for trial (see paras [85]-[86]). The court considered section 27(6) as part of the statutory context because it may bear on whether an infringing copy can include an electronic or intangible copy. The point was not finally determined at the summary stage (see para [92(h)-(j)]).

T & A Textiles and Hosiery Ltd v Hala Textile UK Ltd & Ors

[2015] EWHC 2888 (IPEC) · 23 October 2015Defines

Applies the definition of infringing copy to imported products made abroad, treating them as infringing copies if their making in the United Kingdom would have infringed copyright. The claim nevertheless failed because copying was not proved (see paras [33]-[34], [59]). Applies the statutory provisions concerning infringing copies in the context of products manufactured in Pakistan and imported into the United Kingdom. The claim failed at the copying stage (see paras [33]-[34], [59]).

What each judgment says about section 27 is in the case-law panel in the full Act.

Amendments and notes

12 notes from legislation.gov.uk

Amendments

  1. F80Words in s. 27(3) omitted (1.12.1996) by virtue of S.I. 1996/2967, reg. 9(4) (with Pt. III)
  2. F81S. 27(3A) omitted (1.12.1996) by virtue of S.I. 1996/2967, reg. 9(4) (with Pt. III)
  3. F82S. 27(5)(a)(b) substituted for words in s. 27(5) (31.12.2023) by The Intellectual Property (Exhaustion of Rights) (Amendment) Regulations 2023 (S.I. 2023/1287), regs. 1(b), 4(2)(a)
  4. F83S. 27(5A) inserted (31.12.2023) by The Intellectual Property (Exhaustion of Rights) (Amendment) Regulations 2023 (S.I. 2023/1287), regs. 1(b), 4(2)(b)
  5. F84Words in s. 27(6) inserted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 2(b)
  6. F85Words in s. 27(6) inserted (1.10.2014) by The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 (S.I. 2014/2361), regs. 1(1), 4(1) (with reg. 5) (but note that the amending S.I. was quashed with prospective effect by the High Court in the case of R (British Academy of Songwriters, Composers and Authors and others) v Secretary of State for Business, Innovation and Skills [2015] EWHC 2041 (Admin), 17 July 2015)
  7. F86Words in s. 27(6) substituted (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), reg. 1(1), Sch. para. 1(a)
  8. F87Words in s. 27(6) substituted (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), reg. 1(1), Sch. para. 1(b)
  9. F88Words in s. 27(6) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384) , reg. 1(1) , Sch. para. 1(c)
  10. F89Words in s. 27(6) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 2(a)
  11. F90Words in s. 27(6) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
  12. F91S. 27(6): entries substituted (31.10.2003) for word "or" appearing at end of entry for s. 68(4) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 20(3) (with regs. 31-40)