Copyright Infringement

Protecting Your Original Work and Creative Output

Whether it’s a bespoke website, software code, marketing materials, design work, written content, or photography — if your business produces original work, that work is protected by copyright law. Unfortunately, others may copy or reuse your work without permission, causing loss, reputational damage, or undermining your commercial advantage.

At The Jonathan Lea Network, we help small and medium-sized businesses across the UK enforce their copyright and defend against unjustified claims. Whether you’re pursuing a claim or defending one, our team offers clear legal advice, strategic action, and commercially-minded support.

What Is Copyright Infringement?

Copyright infringement occurs when someone uses all or a substantial part of your original work without your permission. This use may be copying, reproducing, adapting, distributing, or communicating the work to the public.

Under the Copyright, Designs and Patents Act 1988, copyright protection in the UK is automatic — you do not need to register the work. The creator of the work usually owns the copyright, unless it was created in the course of employment or assigned to another party by contract.

Types of Works Protected by Copyright

Copyright protects a wide variety of original works, including:

• Written works: Blogs, articles, product descriptions, marketing copy, eBooks, and more
  
• Visual works: Photographs, illustrations, infographics, logos, and page layouts
  
• Software and code: Source code, apps, websites, databases, and APIs
  
• Music and sound recordings
  
• Films, videos, and animations
  
• Architectural designs and CAD drawings
  

If your business creates or commissions these types of content, you have legal rights that can be enforced.

Common Copyright Disputes We Handle

We regularly act for both rights holders and alleged infringers in the following types of matters:

• Unauthorised copying of website content: Someone replicates your site design, layout, copy, or imagery on their own website.
  
• Infringement of creative assets: Your photography, graphic design, or branding is reused in marketing by another business without your consent.
  
• Misuse of software or code: A former developer or agency retains and uses parts of your code in other projects, or a competitor reverse-engineers or lifts code segments.
  
• Infringement by freelancers or clients: You may have created the content as a contractor and not been paid for it, or someone you hired is claiming ownership of your content.
  
• Social media copying and reposting: Your original content is taken and reposted by others, often for commercial gain.
  
• Stock image licensing breaches: A party uses imagery purchased under limited licensing terms in a way that breaches those terms.
  

How Do You Prove Copyright Infringement?

To succeed in a copyright infringement claim, you typically need to show that:

1. The work is protected by copyright (i.e. original and eligible under the Act)
   
2. You are the copyright owner or exclusive licensee
3. The infringer has copied a substantial part of your work
   
4. There was no licence or legal justification for that use
   

“Substantial part” does not necessarily mean a large part — even a small extract may qualify if it captures the essence of the work.

You do not need to prove the other party intended to copy. Infringement can be accidental or unintentional and still be legally actionable.

Our Approach to Copyright Disputes

At The Jonathan Lea Network, we approach copyright disputes with a balance of firmness and pragmatism. We offer a range of services, including:

1. Initial Assessment and Advice

We start by reviewing the original work, analysing the alleged infringement, and assessing the strength of your claim or defence. We advise whether the use likely amounts to infringement and explore whether fair dealing, licence, or other exceptions apply.

Where necessary, we work with copyright and digital forensics experts to collect evidence and identify infringers — especially in online or international cases.

2. Cease and Desist Letters / Take-Down Requests

We prepare or respond to letters before action that clearly set out the legal position, demand removal or compensation, and protect your rights without escalation unless needed.

We also assist with:

• DMCA takedown notices to platforms like Google, YouTube, Facebook, and Instagram
  
• Reporting infringement to hosting providers or marketplaces (e.g. Etsy, eBay, Amazon)
  

3. Negotiation and Resolution

Our first aim is always to resolve disputes without litigation. This may involve:

• The infringer agreeing to cease use and remove infringing content
  
• Licensing the work retrospectively on commercial terms
  
• Securing a written undertaking not to repeat the infringement
  
• Agreeing damages or a settlement to reflect lost revenue
  

4. Court Proceedings in the Intellectual Property Enterprise Court (IPEC)

If a claim cannot be resolved amicably, we can issue proceedings in IPEC — a court designed to handle IP cases with cost-effective procedures suitable for SMEs. We can also act in the High Court for higher-value or more complex matters.

Possible remedies include:

• An injunction stopping the infringing activity
  
• Damages or an account of profits
• Orders to deliver up or destroy infringing copies
• Costs orders and declarations of infringement
  

Defending Copyright Infringement Claims

We also regularly act for businesses who receive a claim or legal threat. In these situations, it’s essential to:

• Act quickly and calmly: Don’t admit liability before understanding the legal position
  
• Check ownership and usage rights: You may have a valid licence, or the work may not be original enough to qualify for protection
  
• Explore fair dealing exceptions: For example, use for review, parody, quotation, or research may be lawful in some contexts
  
• Challenge overreaching or speculative claims: Some claimants attempt to enforce rights aggressively or demand unrealistic damages
  

We help you understand your exposure, negotiate a fair outcome, and, where necessary, defend the claim robustly.

Why Choose The Jonathan Lea Network?

Our team offers trusted, commercially savvy legal advice tailored to SMEs and content creators. We’re known for:

• Clear and direct communication: We explain legal terms in plain language, focusing on your business goals
  
• Fast turnaround: When time is of the essence, we act quickly to send takedown notices or respond to threats
  
• Specialist IP experience: We regularly handle copyright disputes in creative industries, tech, eCommerce, and digital media
  
• Transparent fees: We offer fixed-fee initial advice and clear guidance on costs for ongoing support or litigation
  

Our mission is simple: to protect what you’ve created and help you move forward with confidence.