copyright united-kingdom criminal-law
Is there such a thing as &#39;attempted copyright infringement&#39; in the UK?
<p>I've recently read an article about a proposed bill that would criminalise attempted copyright infringement in the US. link - <a href="https://www.wired.com/2007/05/ippa07/" rel="nofollow noreferrer">https://www.wired.com/2007/05/ippa07/</a></p>
<p>I was wondering if the UK had any legislation on this. Any help is much appreciated. Cheers!</p>

<h2>Yes</h2>
<p><a href="/questions/tagged/australia" class="post-tag" title="show questions tagged &#39;australia&#39;" aria-label="show questions tagged &#39;australia&#39;" rel="tag" aria-labelledby="tag-australia-tooltip-container">australia</a></p>
<p><a href="https://www.legislation.gov.au/Details/C1914A00012" rel="nofollow noreferrer">s7</a> of the Crimes Act 1914:</p>
<blockquote>
<p>Any person who attempts to commit any offence against this Act or any other Act, whether passed before or after the commencement of this Act, shall be guilty of an offence and shall be punishable as if the attempted offence had been committed.</p>
</blockquote>
<p>This covers offenses under the Copyright Act.</p>

<p><strong>YES</strong></p>
<p><strong>Short Answer</strong>:</p>
<p>As long as it's a &quot;criminal infringement&quot; and not for, say, <a href="https://www.legislation.gov.uk/ukpga/1988/48/section/28B?timeline=false" rel="nofollow noreferrer">personal copies for private use</a>, and the &quot;criminal attempt&quot; is more than <a href="https://law.stackexchange.com/q/88696/35069">merely preparatory</a></p>
<p><strong>Long Answer</strong>:</p>
<p>Part 1, Chapter 2 of the <a href="https://www.legislation.gov.uk/ukpga/1988/48/contents" rel="nofollow noreferrer">Copyright, Designs and Patents Act 1988</a> covers the rights of a copyright owner and, at <a href="https://www.legislation.gov.uk/ukpga/1988/48/section/16?timeline=false" rel="nofollow noreferrer">section 16(2)</a>, states that:</p>
<blockquote>
<p>Copyright in a work is infringed by a person who without the licence of the copyright owner does, or authorises another to do, any of the acts restricted by the copyright.</p>
</blockquote>
<p>There are numerous criminal offences within the Act covering various business, for-profit or for-gain infringement scenarios, such as <a href="https://www.legislation.gov.uk/ukpga/1988/48/section/107?timeline=false" rel="nofollow noreferrer">section 107</a>:</p>
<blockquote>
<p>(1) <strong>A person commits an offence who, without the licence of the copyright owner—</strong></p>
<ul>
<li><p>(a) makes for sale or hire, or</p>
</li>
<li><p>(b) imports into the United Kingdom otherwise than for his private and domestic use, or</p>
</li>
<li><p>(c) possesses in the course of a business with a view to committing any act infringing the copyright, or</p>
</li>
<li><p>(d) in the course of a business —</p>
</li>
</ul>
<blockquote>
<p>(i)sells or lets for hire, or</p>
<p>(ii)offers or exposes for sale or hire, or</p>
<p>(iii)exhibits in public, or</p>
<p>(iv)distributes, or</p>
</blockquote>
<ul>
<li>(e) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,</li>
</ul>
<p>an article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work.</p>
<p>...</p>
<p>(4) A person guilty of an offence under subsection (1)(a), (b), (d)(iv) or (e) is liable—</p>
<ul>
<li><p>(a) on summary conviction to imprisonment for a term not exceeding six months or a fine, or both;</p>
</li>
<li><p>(b) <strong>on conviction on indictment to a fine or imprisonment for a term not exceeding ten years, or both.</strong></p>
</li>
</ul>
</blockquote>
<p>The above emboldened provisions establish that certain types of copyright infringement are indictable offences, which brings in to play <a href="https://www.legislation.gov.uk/ukpga/1981/47/section/1?timeline=false" rel="nofollow noreferrer">section 1</a> Criminal Attempts Act 1981:</p>
<blockquote>
<p>1 Attempting to commit an offence.</p>
<p>(1) If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.</p>
<p>...</p>
<p>(4) This section applies to any offence which, if it were completed, would be triable in England and Wales as an indictable offence, other than—</p>
<p>[<em>list of excluded offences omitting as not relevant to the question</em>]</p>
</blockquote>
