HomeInsightsMaximum sentence for online copyright infringement changes from two years to ten years

Section 32 of the Digital Economy Act 2017 (DEA) came into force on 1 October 2017, changing the criminal law provisions relating to online copyright infringement. The maximum sentence that can be levied is now ten years. This change brings the law in line with what is already available for physical copyright infringement.

Section 32 of the DEA amends ss 198 1(A) and 107 2(A) of the Copyright Designs and Patents Act 1988. These sections outline criminal offences arising from infringement of a performer’s making available right, and their communication right.

An additional mens rea has also been introduced. It must now be proved that a person “knows, or has reason to believe that the act of infringement will cause loss to the owner of the right or expose the owner of the right to a risk of loss”. To read the IPO’s press release in full, click here.