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Copyright: Music

Volume 498: debated on Tuesday 27 October 2009

To ask the Secretary of State for Justice pursuant to the answer of 9 September 2009, Official Report, column 2018W, on copyright: music, how many actions have been brought under section 107 of the Copyright Designs and Patents Act 1988 for copying from one medium to another; what proportion of such actions resulted in a criminal conviction; and if he will make a statement. (296186)

Information held centrally by the Ministry of Justice combines offences under Section 107 of the 1988 Copyright, Designs and Patents Act with other similar offences under that Act. It is therefore not possible to provide prosecutions and convictions specifically under Section 107.

The following tables, for the years 1988 to 2007 (latest available) show the number of prosecutions and convictions in England and Wales where Section 107 may have been used. Data for 2008 are planned for publication at the end of January 2010.

Copying from one media to another becomes a criminal offence under Section 107 of the Copyright Designs and Patents Act 1988 only if conducted on a scale prejudicial to the interests of the legitimate rights holder, or in the course of business.

Number of defendants proceeded against at magistrates courts and found guilty at all courts for offences under section 107 of the 1988 Copyright, Designs and Patents Act, England and Wales, 1988 to 20071, 2

Proceeded against

Offence

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

Makes, imports or distributes illicit recordings. Makes for sale or hire, imports possesses or distributes articles which infringes copyright.3

n/a

n/a

n/a

n/a

n/a

219

154

78

Other offences4

n/a

n/a

n/a

n/a

n/a

1

110

39

91

Person infringes copyright in a work by communicating the work to the public5

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

Total

1

329

193

169

Offence

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

Makes, imports or distributes illicit recordings. Makes for sale or hire, imports possesses or distributes articles which infringes copyright.3

86

65

72

59

38

47

65

107

132

176

Other offences4

72

87

79

51

59

56

51

62

130

253

Person infringes copyright in a work by communicating the work to the public5

n/a

n/a

n/a

n/a

n/a

n/a

n/a

6

16

33

Total

158

152

151

110

97

103

122

185

278

462

Found guilty

Offence

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

Makes, imports or distributes illicit recordings. Makes for sale or hire, imports possesses or distributes articles which infringes copyright.3

n/a

n/a

n/a

n/a

n/a

151

125

73

Other offences4

n/a

n/a

n/a

n/a

n/a

1

87

35

74

Person infringes copyright in a work by communicating the work to the public5

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

Total

1

238

160

147

Offence

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

Makes, imports or distributes illicit recordings. Makes for sale or hire, imports possesses or distributes articles which infringes copyright.3

62

45

51

51

26

40

44

85

109

132

Other offences4

48

66

53

47

45

37

39

55

88

169

Person infringes copyright in a work by communicating the work to the public5

n/a

n/a

n/a

n/a

n/a

n/a

6

13

10

30

Total

110

111

104

98

71

77

89

153

207

331

n/a = Not applicable.

1 The statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences the principal offence is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

2 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.

3 The Ministry of Justice cannot separate offences relating to Section 107 from those under section 198.

4 The Ministry of Justice cannot separate offences relating to Section 107 from those under other sections of the Act. Statutes covered by this offence are as follows;

Section 107 (1)(c), (1)(d)(i) and (ii) and (iii) Section 107 (2)(a), (2)(b), (3)(a) and (3)(b)

Section 198 (1)(c), (1)(d)(i) and (ii) and (iii) Section 198 (2)(a) and (b)

Section 201 (1)

Section 276 (1) (a) and (b) Section 276 (2)(a) and (b) Section 276 (3) (a) and (b)

Section 279 (3)

Section 297 (1)

5 Includes S.107 2A and 4A as added by Copyright and Related Rights Regulations Reg 26 (1)

Source:

Evidence and Analysis Unit—Office for Criminal Justice Reform

To ask the Secretary of State for Justice pursuant to the answer of 9 September 2009, Official Report, column 2018W, on copyright: music, how many civil actions have been brought for offences related to copying music stored on a compact disc to a digital format for personal use in each of the last 20 years; what proportion of such actions resulted in a criminal conviction; and if he will make a statement. (296187)

The Ministry of Justice does not hold any statistical information about civil actions being brought specifically for offences related to copying music stored on a compact disc to a digital format for personal use.

This is because the administrative computer systems used in courts do not presently identify this specific dispute type. While the relevant cases will be logged on the system, they cannot be distinguished from other types of actions brought to court. Obtaining the information requested would require the inspection of individual case files at disproportionate cost.

However, we do hold information in relation to the number of claims relating to copyright and design right issued in the Chancery Division of the Royal Courts of Justice, figures from 2004 to 2008 (the latest available figures) are shown in the following table.

Claims relating to copyright and design right issued in the Chancery Division of the Royal Courts of Justice in London, 2004-08

Number

2004

195

2005

148

2006

120

2007

172

2008

286

Source: Chancery chambers, bespoke contribution for this publication.