Infringement

If the creative works of others are included in programmes without the proper consent having been given, there is likely to have been an infringement of copyright. This is a serious matter and may lead to programme-makers and the broadcaster being sued by the copyright owner. They could sue for damages (money); an account of profits (profits arising from the infringement); an injunction (a court order prohibiting the continued infringement of copyright); and, delivery up (a court order forcing delivery up of all copies of the infringing work to the copyright owner).

It is very important, therefore, that all material for inclusion in programmes is properly licensed. Where programme-makers are having problems clearing footage or other material, or consent by the copyright owner has been denied, programme-makers must ensure the material in question is removed from the programme or, otherwise, must alert the programme lawyer, who will decide whether or not it can be used pursuant to one of the statutory defences that exist, for example 'incidental inclusion' or 'fair dealing'.