Receiving a claim of copyright infringement from the Copyright Licensing Agency (CLA) can come as a shock, even to the most seasoned business owner. While you must not ignore the letter, it’s important not to panic and to take the time to consider your response carefully. In this guide, we explain what the Copyright Licensing Agency is and discuss how you should reply to the Copyright Licensing Agency.
If you are reading this guide because you have received a letter from the Copyright Licensing Agency and need immediate support, our copyright lawyer team is ready to help. We’ll handle the details, explain your options and work to resolve the issue quickly, with clear, practical advice you can rely on.
Contents:
- What is the Copyright Licensing Agency?
- How do I know if the claim from the Copyright Licensing Agency is legitimate?
- What are the risks of ignoring a copyright infringement claim from the Copyright Licensing Agency?
- How do you respond to a copyright claim from the Copyright Licensing Agency?
- How can I prevent similar claims from happening in the future?
- Summary
What is the Copyright Licensing Agency?
The Copyright Licensing Agency is the collective licensing body for published material, like books, magazines, and journals. It is regulated by the Government and is a not-for-profit company, meaning it distributes its revenue as royalties to the copyright owners it represents.
The Copyright Licensing Agency fulfils a similar purpose to that provided by PPL and PRS for the music industry for authors, publishers, and visual artists. Its repertoire includes some 17 million individual works, which it licences to applicants across different sectors, including business, education, and the public sector.
How do I know if the claim from the Copyright Licensing Agency is legitimate?
The Copyright Licensing Agency is a legitimate organisation that monitors the use of its members’ work and pursues infringements on their behalf. Although many legitimate organisations fall victim to scammers who use their name and identity to con money out of unsuspecting members of the public.
If you are in any doubt as to the legitimacy of your correspondence, checking its veracity before responding is an important first step. You can ask experienced copyright solicitors like ours to confirm the authenticity of any correspondence. You should not discuss any aspects of the matter with the Copyright Licensing Agency until you have taken legal advice to avoid inadvertently doing or saying anything that may prejudice your position.
What are the risks of ignoring a copyright infringement claim from the Copyright Licensing Agency?
The Copyright Licensing Agency exists to licence its members’ works and enforce their rights against anyone using those works without permission. The issue won’t simply go away if you ignore the correspondence. In a worst-case scenario, the Copyright Licensing Agency may issue legal proceedings against you for copyright infringement.
In infringement cases, in addition to ordering you to pay damages and the other side’s legal costs, judgments usually include an injunction prohibiting you from using the copyright material. If an injunction is endorsed with a penal notice, any breach of its terms can constitute contempt of court, for which you can be imprisoned.
The consequences of ignoring a copyright infringement claim from the Copyright Licensing Agency, can be severe. If you handle the matter properly, chances are that the matter will be resolved out-of-court, even if the infringement is proven, usually on the condition that you pay licence fees to cover the period of your infringement and take out a licence covering any further use.
How do you respond to a copyright claim from the Copyright Licensing Agency?
If you receive a letter from the Copyright Licensing Agency alleging infringement, the first thing you should do is take legal advice from expert copyright lawyers who will advise you on the merits of the allegations and your options. It’s rarely a good idea to address the matter yourself, especially if you dispute the allegations, and doing so can make the situation worse.
Below, we address some of the most common questions asked by clients who have received a claim from the CLA.
Can I still use the image while I dispute the claim, or do I need to take it down immediately?
Whether you can use the image while you dispute the claim depends on the circumstances.
Generally speaking, if your use constitutes infringement, the Copyright Licensing Agency would be within its rights to demand you take it down immediately and may seek a court order forcing you to do so if you refuse. Unless you were entitled to use the work, for example, because you already have a licence that covers your use or your use did not require a licence, our copyright solicitors may advise you to stop using it until the matter is resolved.
Is the fee fair and can it be negotiated?
The Copyright Licensing Agency usually bases the fee demanded for infringement on what it would have cost the individual or organisation to take a licence of the material for the relevant period. The amount detailed in its correspondence will likely be the licence fee backdated for however long the infringement was ongoing. If you can’t pay the entire sum demanded upfront, the Copyright Licensing Agency may agree to a payment plan.
You might be able to dispute the fee if the Copyright Licensing Agency has miscalculated it according to the applicable tariff. For example, business licence fees are based on factors such as the number of employees and sector. If the Copyright Licensing Agency has incorrectly assessed your business and charged you too much, you can ask it to recalculate what you owe.
Bear in mind, though, that any copyright owner can claim additional sums where an infringement was flagrant. If the Copyright Licensing Agency includes such additional sums, our copyright solicitors will assess the circumstances and advise whether your actions could be deemed flagrant. If they believe their position is unjustified, they will dispute their entitlement to any additional sums. Even if your actions were flagrant, the amount payable is at the court’s discretion, so no hard and fast rules apply. Our solicitors may be able to negotiate a reduction of the amount you need to pay.
Can I dispute the copyright claim if I believe it is unjustified?
Yes, if you believe the allegations are unjustified, you can dispute the copyright claim. In fact, it’s important to check the merits of any claim before agreeing to the demands.
Clearly, if you can prove you haven’t used the work or had a licence to do so, the allegations would be unjustified. In all other cases, whether you can dispute the copyright claim depends on the circumstances.
As a general rule, all original works are protected by copyright provided they fulfil the legal requirements and the copyright hasn’t expired. Using someone’s work without permission likely amounts to infringement. The Copyright Licensing Agency is only responsible for enforcing copyright in respect of works within its repertoire, though. If the work you’ve used isn’t included, the Copyright Licensing Agency has no rights over it. This doesn’t mean your use is permitted; it is merely that someone other than the Copyright Licensing Agency has the right to pursue you for infringement.
There are a few discrete circumstances in which using small portions of a work without permission won’t infringe the copyright in it. For example, if you photocopy a small portion of a book for private study or research, you may be able to dispute an infringement claim on the basis that your use amounted to ‘fair dealing’. Fair dealing is a complex area of law, so you should seek legal advice if you intend to rely on it to dispute a copyright claim from the Copyright Licensing Agency. For more information on this topic, read our fair dealing guide.
What evidence do I need?
The evidence you need to dispute a copyright claim depends on the basis on which you intend to do so. For example, if your position is that you had a Copyright Licensing Agency licence to use the work, you would need to produce evidence of that licence and prove that it covered your use. If you believed your use amounted to ‘fair dealing’, you would need to provide proof of the nature of your use and explain how it was permitted.
How can I prevent similar claims from happening in the future?
Most original works are protected by copyright. The best way to avoid facing copyright infringement claims is to create your own material or to seek permission from the copyright owner before proceeding. If you intend to use a short extract from a work for what you believe might be ‘fair dealing’, you should seek legal advice on your proposal to ensure your interpretation of the law is correct.
The repertoire of the Copyright Licensing Agency is extensive but it does not cover all printed material. While taking a licence might be a good start, you must check that the work you want to copy is one it controls. If it isn’t, you’ll need to ascertain who owns the copyright and approach them for permission.
Summary
Receiving a letter alleging copyright infringement does not mean it has issued court proceedings against you. It’s simply a warning shot alerting you that it may do so if you don’t address the issue promptly. You must ensure you understand your legal position before rushing to respond. Taking advice from copyright solicitors like ours is essential, and our low-cost pricing plans can prove invaluable in situations like these.
Most matters are settled without court proceedings, provided they are correctly handled to avoid the issue escalating. Our copyright lawyers will manage the case on your behalf, putting forward any defences available to you or, where there are none, negotiating the best settlement terms.
